Partly allowed

Rodulal S/O Gokul Prasad B/C Lodha v. State of Rajasthan through Pp

Rajasthan HC8 Mar 2019CRLR/137/2019

Case brief

AI extract

What is this about?

This revision petition seeks reduction of sentence for offenders convicted in 2005 after a 14-year trial. The High Court upheld the conviction under IPC Section 149 but reduced the sentence to the period already undergone and ordered fine deposit.

What did the court decide?

Sentence reduced to the period already undergone; petitioners to deposit fine or suffer imprisonment in lieu.

Rodulal S/O Gokul Prasad B/C Lodha Vs State of… — Criminal Trial and Appeal | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Revision No. 137/2019

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Rodulal S/o Gokul Prasad B/c Lodha, R/o Ladpuriya Balram Ps Manoharthana Dist. Jhalawar Raj. (Presently Confined At Dist. Jail Jhalawar)

¶5

Shankerlal S/o Gorilal B/c Bheel, R/o Ladpuriya Balram Ps Manoharthana Dist. Jhalawar Raj. (Presently Confined At Dist. Jail Jhalawar)

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----Petitioners

¶7

Versus

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State Of Rajasthan through PP, Raj.

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----Respondent

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Connected With

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S.B. Criminal Revision No. 2305/2018

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Mangi Bai W/o Shri Gokul Prasad B/c Lodha, R/o Ladpuria Balram Ps Manohar Thana Dist. Jhalawar (Presently Confined At Dist. Jail Jhalawar)

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----Petitioner

¶14

Versus

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State Of Rajasthan through PP, Raj.

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----Respondent

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S.B. Criminal Revision No. 32/2019

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Ghanshyam S/o Shri Ram Kishan B/c Lodha, R/o Ladpuria Balram Ps Manohar Thana Dist. Jhalawar Presently Confined At Dist. Jail Jhalawar

¶19

----Petitioner

¶20

Versus

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State Of Rajasthan through PP, Raj.

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----Respondent

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S.B. Criminal Revision No. 33/2019

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Lal Chand S/o Shri Devi Lal B/c Lodha, R/o Ladpuria Balram Ps Manohar Thana Dist. Jhalawar Presently Confined At Dist. Jail Jhalawar

----Petitioner

Versus

(2 of 4)

[CRLR-137/2019]

State Of Rajasthan through PP, Raj.

¶30

----Respondent

¶31

S.B. Criminal Revision No. 138/2019

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Gokul Prasad S/o Prabhulal B/c Lodha, R/o Ladpuriya Balram Ps Manoharthana Dist. Jhalawar Raj. (Presently Confined At Dist. Jail Jhalawar)

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----Petitioner

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Versus

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State Of Rajasthan through PP, Raj.

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For Petitioner(s)	:	----Respondent Mr. Rohan Jain.
For State(s)	:	Mr. Prashant Sharma, PP.

¶37

HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment / Order

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08/03/2019

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Petitioners have preferred these separate revision petitions aggrieved by Judgment and Order dated 05.09.2017 passed by Chief Judicial Magistrate, Aklera, District Jhalawar, whereby petitioners have been convicted for offence under Sections 148, 341, 323, 336, 324, 326, read with Section 149 of IPC. For offence under Section 326, read with Section 149, they have been sentenced to three years simple imprisonment and fine of Rs.2,000/-, on non-payment of fine, further undergo 15 days additional simple imprisonment, for offence under Section 148, read with Section 149, one year simple imprisonment, for offence under Section 324, read with Section 149, one year simple imprisonment, for offence under Section 323, read with Section 149, three months simple imprisonment and for offence under Section 342, read with Section 149, three months simple

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(3 of 4)

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[CRLR-137/2019]

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imprisonment and against the Judgment and Order dated 10.12.2018 passed by Additional District and Sessions Judge, Aklera, District Jhalawar, whereby appeal preferred by the petitioners was rejected.

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It is contended by counsel for the petitioners that petitioners have been convicted with the aid of Section 149. It was not established by the prosecution that unlawful assembly existed, hence, the conviction is bad in Law. However, counsel for the petitioner contends that he does not wish to challenge the Judgment of conviction as the matter is of year 2005. Petitioners have faced the agony of trial for fourteen years. The only prayer made before the Court is that sentence be reduced to the period already undergone by the petitioners as none of the grievous injury sustained by the injured is on the vital part of the body.

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Learned Pubic Prosecutor has opposed the revision petition.

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I have considered the contentions.

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There is weight in the arguments advanced by counsel for the petitioner, however, I am not inclined to go into the said question, since petitioners are not challenging the Judgment of conviction.

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In view of the fact that the matter is of year 2005, petitioners have faced the agony of trial for fourteen years. Petitioners have been convicted with the aid of Section 149, I deem it proper to partly allow the revision petitions.

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Revision Petitions are partly allowed, while upholding the Judgment of conviction passed by the Court below. Sentence is reduced to the period already undergone by the petitioners. Petitioners however would be required to deposit the fine or suffer imprisonment in lieu of non deposition of fine.

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(4 of 4)

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[CRLR-137/2019]

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Application for Suspension of Sentence stands disposed.

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Record of the Court below be returned forthwith.

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Copy of this order be sent to the concerned Court by fax/email today itself with a direction to serve a photostat copy of the same to the petitioner/s and an additional copy of this order be also sent to the concerned Court by ordinary process.

¶55

(PANKAJ BHANDARI),J.

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Chandan/31-35

Rodulal S/O Gokul Prasad B/C Lodha v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Rodulal S/O Gokul Prasad B/C Lodha v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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