Research › Search › Judgment

Rajasthan High Court · body

2021 DIGILAW 2263 (RAJ)

Panna Lal v. State of Rajasthan

2021-12-02

RAMESHWAR VYAS

body2021
JUDGMENT Rameshwar Vyas, J. - The instant criminal appeal has been preferred under Section 374 Cr.P.C. against the judgment dated 22.9.2016 passed by the learned Additional Sessions Judge, Ratangarh, District Churu in Sessions Case No.14/2014, whereby appellant was convicted and sentenced as under:- Offence for which convicted Sentence awarded Section 307 IPC Ten years imprisonment and a fine of Rs.5,000/-, in default of payment of fine to further undergo two months imprisonment Section 4/25 of Arms Act One year imprisonment and a fine of Rs.500/-, in default of payment of fine to further under five days imprisonment 2. Without challenging the judgment of conviction of the appellant, learned counsel for the appellant has submitted that since the appellant has served more than eight years of imprisonment, hence, the sentence awarded to the appellant by the trial court may be reduced from ten years to the period already undergone by the appellant. 3.  Learned Public Prosecutor has opposed the prayer made by the learned counsel for the appellant. 4. Heard the learned counsel for the parties and perused the record. 5. From the perusal of the record, it reveals that one stab injury was caused by the appellant to the injured. Appellant has served more than eight years of imprisonment. Appellant was below 21 years of age at the time of incident and he was not previous convict at that time. 6. In the above circumstances, while affirming the judgment dated 22.9.2016 passed by the trial court qua conviction of the appellant for the offences under Section 307 IPC and Section 4/25 of Arms Act, the same is modified to the extent that the sentence of imprisonment awarded by the trial court is reduced from ten years to eight years with fine of Rs.5,000/- as awarded by the trial court. In default of payment of fine, appellant shall further undergo two months imprisonment as awarded by the trial court. Sentence of one year imprisonment for offence under Section 4/25 of Arms Act and fine of Rs.5,00/- with default clause of five days additional imprisonment, is maintained. Both the sentences are ordered to run concurrently. 7. Accordingly, the appeal is partly allowed in above terms.