Banwari Lal 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- Banwari Lal against Judgment and Order dated 16.06.2007 passed by Additional Sessions Judge No.2, Jaipur City, Jaipur (hereinafter referred to as "appellate court") in Criminal Appeal No. 13/2007 (Banwari Lal vs. State of Rajasthan & Anr.), vide which criminal appeal filed by the accused-petitioner against the Judgment and Order of Sentence dated 02.05.2003 passed by Additional Chief Judicial Magistrate No.4, Jaipur City (hereinafter referred to as "trial court") in Criminal Case No.380/94 (State vs. Banwari Lal) convicting and sentencing him for the offence under section 182 I.P.C. to undergo six months rigorous imprisonment and fine of Rs. 1,000/- and in default of

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payment of fine to further undergo one month’s additional simple imprisonment, was dismissed.

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Facts of the case in short are that on 21.07.1994, Shri Bihari Lal Gupta, Additional Registrar (Vigilance) Rajasthan High Court, Jaipur Bench, Jaipur filed a complaint before the Chief Judicial Magistrate, Jaipur City, Jaipur regarding commission of offence under Section 182 IPC, wherein allegation was that petitioner made a complaint against Smt. Kusum Bhandari, RHJS the then Presiding Officer and Additional Sessions Judge, Deeg (Bharatpur) for adopting corrupt practice while delivering the judgments, which after enquiry was found to be false. On the basis of said complaint, trial court took cognizance and framed charge for the offence under Section 182 of I.P.C. and trial was commenced. After conclusion of trial, the trial court passed judgment and order of sentence dated 02.05.2003 convicting and sentencing him for the offence under Section 182 of IPC, as stated above. Aggrieved by judgment of conviction and sentence dated 16.06.2007, accused-petitioner preferred an appeal before the learned appellate court, which passed the Judgment & Order dated 16.06.2007 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

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below qua conviction and prefers to make submissions on the point of sentence only.

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Learned counsel for the accused-petitioner has submitted that incident in the present case took place way back in the year 1994 i.e. around 31 years ago; accused-petitioner was 46 years of age at the time of incident and now he is around 77 years old and facing agony of trial since last more than 31 years; accusedpetitioner who is sole bread earner in the family, belongs to poor strata of society and remained in custody for a period of forty three days and there is no previous conviction recorded against the accused-petitioner, 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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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. 8. 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

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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 46 years of age at the time of incident, has already suffered the agony of protracted trial, spanning over a period of around 31 years and 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 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

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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, petitioner as well as 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 16.06.2007 and 02.05.2003 passed by both the courts below qua conviction of the accused-petitioner for the offence under Section 182 of I.P.C. are affirmed but the quantum of sentence for the offence under section 182 I.P.C, awarded to the accused-petitioner 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 accusedpetitioner 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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PAYAL DHAWAN /20

Banwari Lal v. State

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Banwari Lal v. State

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