Partly allowed

Hussain Khan S/O Peer Khan B/C Muslim v. State of Rajasthan

Rajasthan HC18 Jan 2019CRLR/1364/2018

Case brief

AI extract

What is this about?

This Criminal Revision Petition sought reduction of sentence without challenging conviction. The Court reduced the awarded term to the period already undergone, upholding the conviction while leaving alternative sentences for fine default unaltered, citing precedents on sentence rationalization.

What did the court decide?

Sentence reduced to the period already undergone by the petitioner; conviction upheld; alternative sentences for fine default remained unaltered.

Hussain Khan S/O Peer Khan B/C Muslim Vs State… — Criminal Trial and Appeal | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision No. 1364/2018

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Hussain Khan S/o Peer Khan B/c Muslim, Aged About 40 Years, R/o Bakani Police Station Bakani, District Jhalawar, Raj. (At Present Confined To District Jail, Jhalawar).

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----Petitioner

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Versus

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State Of Rajasthan, Jaipur.

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----Respondent

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For Petitioner(s) : Mr. Rohit Khandelwal For State : Mr. R.R. Singh Rathore, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment

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18/01/2019

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Petitioner has preferred this present Criminal Revision Petition aggrieved by judgment and order dated 14.07.2017 passed by Additional Chief Judicial Magistrate, Jhalawar, District Jhalawar, whereby petitioner has been convicted under Section 279, 337, 338 and 304-A of I.P.C. and has been sentenced to suffer six months simple imprisonment for offence under Section 279 I.P.C. and a fine of Rs.1,000/-, on non payment of fine, to further undergo seven days simple imprisonment, for offence under Section 337 of I.P.C., petitioner has been sentenced to undergo six months simple imprisonment and a fine of Rs.500/-, on non payment of fine to further undergo five days simple imprisonment and for offence under Section 338 of I.P.C., petitioner has been sentenced to undergo six months simple imprisonment and a fine of Rs.1,000/-, on non payment of the

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(2 of 3)

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[CRLR-1364/2018]

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fine, to further undergo seven days simple imprisonment and for offence under Section 304-A of I.P.C., petitioner has been sentenced to two years simple imprisonment and a fine of Rs.1,000/-, on non payment of fine, to further undergo seven days simple imprisonment and against the judgment and order dated 20.07.2018 passed by Special Judge (NDPS Cases), Jhalawar (Raj.), whereby appeal preferred by the petitioner was rejected.

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Counsel for the petitioner does not want to press the judgment of conviction, his only contention is that the matter is of year 2006, petitioner has faced the agony of trial for 13 years and has remained in custody for a period of about six months. The accident did not take place because of rash and negligent act of the petitioner. Petitioner was driving the tractor with trolly filled with crushed stones, while climbing a hillock the tractor got overturned, as a result of which the deceased received injuries and later died in the hospital.

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It is prayed by the counsel for the petitioner that the sentence be reduced to the period already undergone by the petitioner.

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Counsel for the petitioner has placed reliance on “ Nitin Vs. State of Rajasthan” (S.B. Criminal Revision Petition No.1744/2018) decided by this Court on 04.12.2018 and “ Purushottam vs. State of Rajasthan” (S.B. Criminal Revision No. 1187/2018) decided by this Court on 04.01.2019, wherein, period of sentence was reduced by the Court. 5. Learned Public Prosecutor has opposed the present Criminal Revision Petition.

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I have considered the contentions.

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(3 of 3)

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[CRLR-1364/2018]

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The Hon’ble Apex Court in “ State of Punjab vs. Saurabh Bakshi ” (2015) 5 SCC 182 and this Court in “ Nitin vs. State of Rajasthan ”(supra) and “ Purushottam vs. State of Rajasthan” (supra) have reduced the sentence.

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Since counsel for the petitioner is not challenging the conviction, taking note of the fact that the tractor overturned when the petitioner was trying to climb the hillock, and the matter is of year 2006, petitioner has faced the agony of trial for 13 years and has remained in custody for a period of about six months, I deem it proper to reduce the sentence awarded to the petitioner.

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The present Criminal Revision Petition is accordingly partly allowed. While upholding the judgment of conviction passed by the Court below, the sentence awarded to the petitioner is reduced to the period already undergone by the petitioner. Sentence in lieu of non payment of fine as awarded by the Court below remains unaltered.

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Application for suspension of sentence stands disposed.

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(PANKAJ BHANDARI), J.

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Amit/17

Hussain Khan S/O Peer Khan B/C Muslim v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Hussain Khan S/O Peer Khan B/C Muslim v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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