Kishor Kumar Vs State

The present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, has been filed by the accused-petitioner- Kishor Kumar against Judgment and Order dated 24.01.2006 passed by Sessions Judge, Jaipur District, Jaipur (hereinafter referred to as "appellate court") in Criminal Appeal No. 11/2002 (Kishor Kumar vs. State of Rajasthan) vide which criminal appeal filed by the accused-petitioner against the Judgment and Order of Sentence dated 07.01.2002 passed by Judicial Magistrate First Class, Jaipur, District Jaipur (hereinafter referred to as "trial court") convicting and sentencing him for the offences under sections 279 & 304-A I.P.C, was dismissed. The sentence awarded to the petitioner is as under:-

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offence	sentence	fine	sentence in
			default
u/s 279 IPC	2 Months S.I	Rs. 200/-	15 days S.I

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(2 of 6)

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[2025:RJ-JP:6154]

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[CRLR-105/2006]

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u/s 304-A IPC	6 Months S.I	Rs. 200/-	15 days S.I

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(All sentences were ordered to run concurrently)

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Facts of the case in short are that on the basis of the written report submitted by complainant – Balchand (P.W. 2) with respect to an incident, which occurred on 28.10.1982, wherein the allegation of driving the roadways bus rash & negligently resulting into death of a girl namely, Tulsi alias Narayani, was leveled, F.I.R. No. 224/82 was registered at Police Station Amer, District Jaipur for the offences under Sections 279 & 337 of I.P.C. During investigation, police added Section 304-A of I.P.C. After conclusion of investigation, police submitted charge-sheet against accusedpetitioner for the 279 & 304-A of I.P.C. The trial court framed charges for the aforesaid offences and trial was commenced. After conclusion of trial, the trial court passed judgment and order of sentence dated 07.01.2002 convicting and sentencing him for the offences under Sections 279 & 304-A of I.P.C., as stated above. Aggrieved by judgment of conviction and sentence dated 07.01.2002, accused-petitioner preferred an appeal before the learned appellate court, which passed the Judgment & Order dated 24.01.2006 dismissing the appeal and affirming the judgment of the trial court. Hence, this criminal revision petition has been preferred by the accused-petitioner.

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Heard learned counsel for the parties.

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After arguing the matter on merits at some length, learned counsel for the accused-petitioner does not wish to press instant revision petition challenging judgments passed by the courts below qua conviction and prefers to make submissions on the point of sentence only.

[2025:RJ-JP:6154]

[CRLR-105/2006]

(3 of 6)

Learned counsel for the accused-petitioner has submitted that incident in the present case took place way back in the year 1982 i.e. around 42 years ago; accused-petitioner was 26 years of age at the time of incident and now he is around 68 years old and facing agony of trial since last 42 years; accused-petitioner who is old person suffering from ailments, belongs to poor strata of society and remained in judicial custody for a period of 52 days and there is no previous conviction recorded against the accusedpetitioner, therefore, he prays that ends of justice would meet if a lenient view is taken in the matter and sentence of imprisonment awarded to the accused-petitioner is reduced to the period already undergone by him.

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Learned counsel for the accused-petitioner has relied upon the judgment of Hon'ble Supreme Court in Chander Shekhar vs. State of Rajasthan (Criminal Appeal No. 4161/2024) decided on 04.10.2024 and the judgments rendered by a coordinate Bench of this Court in the cases of Shyamveer Singh vs. State of Rajasthan (S.B. Criminal Revision Petition No. 724/2003) decided on 15.05.2024, Smt. Sudesh Kumari vs. State of Rajasthan (S.B. Criminal Revision Petition No. 1047/2005) decided on 09.10.2024, Mahesh Bhargava vs. State of Rajasthan (S.B. Criminal Revision Petition No. 737/2005) decided on 06.11.2024, Pappu vs. State of Rajasthan (S.B. Criminal Revision Petition No. 538/2005) decided on 21.08.2024, Annu @ Anwar vs. State of Rajasthan (S.B. Criminal Writ Petition No. 333/2018) decided on 04.11.2024, Banna Ram vs. State of Rajasthan

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(4 of 6) [CRLR-105/2006]

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[2025:RJ-JP:6154]

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(S.B. Criminal Revision Petition No. 391 of 2006) decided on 08.07.2024, Heera Lal vs. State of Rajasthan (S.B. Criminal Revision Petition No. 733/2003) decided on 14.02.2024 & Ram Karan vs. State of Rajasthan (S.B. Criminal Revision Petition No. 972 of 2006) decided on 08.07.2024.

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Per contra, learned Public Prosecutor while opposing the revision petition, submits that looking to the overall facts and circumstances of the case and the well reasoned speaking orders passed by the courts below, sentence awarded by the trial court cannot be said to be disproportionate, therefore, no interference in sentence is warranted in this case.

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I have considered the arguments advanced at the Bar and have gone through judgments passed by both the courts below and record of the case as also judgments cited in this case. 9. Since the revision petition against conviction of the accusedpetitioner is not pressed on merits and after perusing the record, nothing is noticed which requires interference in the finding of guilt reached by the courts below, this Court does not wish to interfere in the judgments passed by courts below qua conviction of the accused-petitioner. Accordingly, the judgments passed by the courts below qua conviction of the accused-petitioner are maintained.

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As far as quantum of sentence is concerned, a perusal of record transpires that accused-petitioner, who was only 26 years young boy at the time of incident, has already suffered the agony of protracted trial, spanning over a period of around 42 years and

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(5 of 6) [CRLR-105/2006]

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[2025:RJ-JP:6154]

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he remained incarcerated for some time after passing of the judgment, and no evidence regarding previous conviction of the accused-petitioner is produced on record.

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This Court is conscious of the judgments rendered in Alister

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Anthony Pareira Vs. State of Maharashtra : (2012) 2 SCC 648 and Haripada Das Vs. State of W.B. : (1998) 9 SCC 678 , wherein, the Hon'ble Apex Court observed as under:-

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Alister Anthony Pareira (Supra)

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“There is no straitjacket formula for sentencing an accused on proof of crime. The courts have evolved certain principles: twin objective of the sentencing policy is deterrence and correction. What sentence would meet the ends of justice depends on the facts and circumstances of each case and the court must keep in mind the gravity of the crime, motive for the crime, nature of the offence and all other attendant circumstances.”

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Haripada Das (Supra)

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“…considering the fact that the respondent had already undergone detention for some period and the case is pending for a pretty long time for which he had suffered both financial hardship and mental agony and also considering the fact that he had been released on bail as far back as on 17-1-1986, we feel that the ends of justice will be met in the facts of the case if the sentence is reduced to the period already undergone…”

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After perusing judgments and orders impugned, considering the submissions of learned counsel for the parties and the precedent law on the issue, this Court is of the opinion that if at this stage, accused-petitioner is sent behind bars, family of the petitioner will also suffer, therefore, no fruitful purpose would be served by sending him to jail now.

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Consequently, the judgments dated 24.01.2006 and 07.01.2002 passed by both the courts below qua conviction of the

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[2025:RJ-JP:6154]

[CRLR-105/2006]

accused-petitioner for the offences under Sections 279 & 304-A of I.P.C. are affirmed but the quantum of sentence for the offences under sections 279 and 304-A I.P.C, awarded to the accusedpetitioner by the trial court and affirmed by the appellate court is modified and is reduced to the period already undergone by him, which would be sufficient and justifiable to serve interest of justice. The accused-petitioner is on bail. He need not to surrender. His bail bonds are discharged.

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The revision petition stands disposed of with aforesaid modification in the order of sentence.

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A copy of this order along with records be sent to the trial court forthwith.

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(BHUWAN GOYAL),J

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INDER /07

Kishor Kumar v. State

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Kishor Kumar v. State

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