- 1 - IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR J U D G M E N T S.B.CRIMINAL APPEAL NO.139/2008 (Bhojohari Mohto Vs. State of Raj. & Ors.) S.B.CRIMINAL APPEAL UNDER SECTION 374 CR.P.C. ***** DATE OF ORDER::-19-09-2008 P R E S E N T HON'BLE MR.JUSTICE S.P. PATHAK Mr.Rohan Jain,for the petitioner Mr.B.S.Chhaba, Public Prosecutor BY THE COURT: This appeal is directed against the judgment and order dated 20.11.2007 passed by the Special Judge, Sati Niwaran Rajasthan & Addl. Sessions Judge, Jaipur in Sessions Case No.26/2007 whereby the accused appellant has been convicted for the offence under 324 I.P.C. and sentenced to suffer 2 years simple imprisonment and a fine of Rs.100/-; in default of payment of fine to further suffer simple imprisonment for one month. Briefly stated the facts of the case are that on 19.5.2006 Parcha Bayan of Rajendra Nath (P.W.1) was recorded in S.M.S. Hospital, Jaipur. In the Parcha Bayan, it was alleged that accused along with two other persons caught hold of the complainant and thereafter by sword, injury was inflicted - 2 - on his person, as a result of which, complainant sustained injuries on his right hand, shoulder and on wrist. On the basis of above Parcha Bayan, F.I.R. No.83/2006 was registered at the concerned Police Station. After completion of investigation, charge-sheet under section 307, 379 I.P.C. Was filed against the accused appellant. On committal, the case came up for trial before the learned Special Judge, Sati Niwaran Rajasthan & Addl. Sessions Judge, Jaipur, who after hearing both sides framed charge under section 307 I.P.C., which was denied by the accused appellant. In support of its case, 5 witnesses were produced by the prosecution and 4 documents were tendered in evidence, thereafter, evidence was closed. In the statement under Section 313 Cr.P.C., the accused appellant pleaded innocence and stated that he was falsely implicated in the case. The learned trial Judge after hearing both sides convicted and sentenced the accused appellant as stated hereinabove. It has been contended by the learned counsel that accused is in Jail for the last nearly 18 months as he is in Jail since 19.3.2007. It is contended that in the impugned judgment, it has come that only one blow by sword was given by the accused appellant and there is no injury on the vital part of the body of the complainant. All the injuries are simple in nature. The learned counsel for the appellant submits that he does not want to challenge the conviction and his limited prayer is only to the effect that the sentence of the accused - 3 - appellant be reduced to the period already undergone by him in jail. It is submitted that the accused appellant has already suffered mental agony for the last nearly two years and present he is in Jail, therefore, a lenient view may be taken in relation to the sentence awarded to him and his sentence may be reduced to the period already undergone by him in Jail. On the other hand, the learned Public Prosecutor submits that since the appellant used sword and inflicted injury on the person of the complainant, therefore, appellant is not entitled to any relief in relation to the sentence awarded to the appellant. I have considered the rival submissions and examined the impugned judgment as well as the record of the trial court. It is not in dispute that appellant is in Jail since 19.3.2007. It is also not in dispute that accused inflicted only one sword blow and injury sustained on the person of the complainant was not on vital part and all injuries are simple in nature. Therefore, in my opinion, ends of justice would meet in case sentence of imprisonment is reduced to a period already undergone by the appellant in Jail. Consequently, this appeal is partly allowed. The conviction of the appellant is maintained. However, his sentence of imprisonment is reduced to the period of imprisonment already undergone by the appellant in Jail. The impugned order of sentence stands modified to the above - 4 - extent. The appellant be released forthwith, if not required in any other case. (S.P.PATHAK) J. BKS/-