Sonya v. State
Case brief
What is this about?
Conviction under Section 304 Part II IPC in a 1988 lathi-blow death during a quarrel over grazing was upheld; sentence reduced to time already undergone due to 36-year litigation pendency and the appellant's age, relying on precedents on sentencing for long-pending cases.
What did the court decide?
Sentence reduced to period already undergone; two months' time to deposit fine of ₹500; bond under Section 437-A CrPC directed.
What the court decided
[2024:RJ-JP:21655]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal No. 117/1989
Sonya son of Syodan Gujar, resident of Hariki (Kalyanpur) Police Station Keladevi, District Sawai Madhopur
----Accused-Appellant
Versus
The State of Rajasthan
----Respondent
For Appellant(s) : Mr. P.S. Sharma with Mr. Jitendra Kumar Sharma For Respondent(s) : Mr. Riyasat Ali, P.P.
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order
07/05/2024
This criminal appeal has been filed by the accused-appellant (for brevity “the appellant”) against the judgment dated 29.03.1989 passed by the learned Additional Sessions Judge, Karauli (Rajasthan) (for brevity “the learned trial Court”) in Sessions Case No.228/88 whereby, while acquitting him from the charges for the offence under Sections 302 & 447 IPC, he has been convicted and sentenced as under:-
Issues for consideration
1 issue framed by the court
Whether the substantive sentence under Section 304 Part II IPC should be reduced to the period already undergone given the 36-year pendency of the case.
Parties & counsel
- appellant
Sonya son of Syodan Gujar
- respondent
The State of Rajasthan
Coram
Mahendar Kumar Goyal
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · May
- Registered
- Case no.
- CRLA/117/1989
Similar cases
Judgements on the same questions, provisions and authorities, from every court
Shri Mahendrasingh S/O Late Shri Darshansingh Vs Smt. Shimla W/O Late Shri George Fraklin (Deceased)
Poornmal S/O Chotu Ram Vs Dharampal S/O Bajrang Lal
Manoj Kumar S/O Chotulal Vs Rajendra Kumar S/O Late Dr. Roshan Lal
Ram Babu Bairwa S/O Shri Ghamandi Ram Bairwa Vs Hindustan Petroleum Corporation Ltd.