IN THE RAJASTHAN HIGH COURT
Criminal Revisional Jurisdiction
Criminal Application No ____ of 2018
In the matter of the order of the Session Judge, Jodhpur, sentencing the opponent to six months R.I,
and a fine of Rs. 5500 in case No. ______ of 2018
State of Rajasthan at the instance
of the District Superintendent of Police, Jodhpur.
-Petitioner
Versus
Rohil Singh, aged 30 years,
Residing at 38,Pratap Nagar, Jodhpur.
-Opponent
The humble petition of Your Lordship's petitioner above-named Most Respectfully sheweth:
1. The above-named opponent was arrested in Jodhpur on a charge under sections 307 and 326,
I.P.C. for an attempt to murder and causing grievous hurt by dangerous weapon. He was prosecuted
and tried in the Court of the Session in case No. _____ of 2018 of that Court and the learned
Sessions Judge was pleased to convict the accused and sentence him to six months rigorous
imprisonment and to pay a fine of Rs. 5500
2. While passing the final order of sentence after convicting the opponent, the learned Judge
remarked that he was pleased to take a lenient view of the offence taking into consideration the
youth of the opponent.
3. The learned Judge therefore passed a lenient sentence of one month's R.I. and a fine of Rs. 5500
on the opponent though the maximum sentence under Sections 307 and 326 of I.P.C. is
imprisonment for life, or for 10 years. Though the prosecution prayed for deterrent punishment on
the ground that the injuries caused were of a very serious nature and that the injuries were caused by
a dangerous weapon during a communal riot. The learned Judge turned down the prayer of the
prosecution for a deterrent punishment and showed leniency to the opponent by passing the order of
sentence as stated above. Hereto annexed and marked annexure ‘A’ is the copy of the said order and
judgment.
4. Being aggrieved by the said order, the petitioner prefers this application for enhancement of
sentence passed on the opponent by the learned Judge on the following amongst other grounds:
(a) That the injuries caused by the opponent (accused) were several and of a very serious nature;
(b) That the injuries were caused by a dangerous weapon, i.e., a dagger which was possessed and
carried by the accused when the possession and carrying of weapons was banned by the order of the
District Magistrate, Jodhpur;
(c) That the opponent (accused) is a member of a gang of rioters habitually engaged in communal
orgy and riots and has made an attempt to murder by causing grievous hurt to the complainant
intentionally in the furtherance and prosecution of the common object of a riotous mob.
5. In these circumstances Your Lordships' humble petitioner prays that Your Lordships may
graciously be pleased:
(1) To enhance the sentence passed on the opponent by the learned sessions Judge in case _____ of
20018 of his Court; and
(2) to pass such other and further orders as Your Lordships may deem just, fit and proper in the
circumstances of the case.
And for this act of kindness Your Lordships' Petitioner shall, as in duty bound, ever pray.
This 27th day of January, 2018 at Jodhpur.
Presented By:
Counsel for Revisionist
IN THE RAJASTHAN HIGH COURT
Criminal Revisional Jurisdiction
Criminal Application No ____ of 2018
State of Rajasthan at the instance of the District Superintendent of Police v/s Rohil
Singh
Affidavit of Chaman Lal, s/o Shri Sohan Lal, r/o 10- Pairy Road, Pratap Nagar, Jodhpur on behalf
State of Rajasthan at the instance of the District Superintendent of Police, Jodhpur 400051.
-Deponent
I, the deponent above named do hereby solemnly on oath affirms as under:-
1. That the deponent is fully acquainted with the facts deposed to below and such is fully
authorized and is capable to sign, verify and file this affidavit.
2. That the deponent is filing the present revision petition against the Order dated 15.12.2017 of
the Session Judge, Jodhpur, in case No. ______ of 2018.
3. That the contents of said revision petition should be read and understood as an integral part of
this affidavit as the same are not being repeated herewith for the sake of brevity.
4. That the deponent has full hope of success in this revision as the impugned order is against
facts, evidence and law.
-Deponent
I the deponent above named do hereby make oath that the contents of the above affidavit in paras 1
to 4 are true to my own knowledge and belief. Nothing material has been concealed and no part of it
is untrue. So help me God. Verified on Jodhpur on 27th day of February, 2018.
-Deponent
IN THE RAJASTHAN HIGH COURT
Criminal Revisional Jurisdiction
Criminal Application No ____ of 2018
State of Rajasthan at the instance of the District Superintendent of Police v/s Rohil
Singh
Sir,
In the above referred matter it is most respectfully prayed that certain documents & evidences
which are essential for fair disposal of the matter are available on the case file of the Ld. Lower
Court i.e. Application No. ____ of 2017 of the order of the Session Judge, Jodhpur, be summoned.
It is therefore prayed that the complete case file of Application No. _____ of 2017, State of
Rajasthan at the instance of the District Superintendent of Police v/s Rohil Singh in the Court of
Chief Judicial Magistrate, Jodhpur be kindly summoned.
Dated: February 27th, 2018
Jodhpur
Presented by:
Counsel for Revisionist
IN THE RAJASTHAN HIGH COURT
Criminal Revisional Jurisdiction
Criminal Application No ____ of 2018
State of Rajasthan at the instance of the District Superintendent of Police v/s Rohil
Singh
Affidavit of Chaman Lal s/o Shri Sohan Lal r/o 10- Pairy Road, Pratap Nagar, Jodhpur on behalf
State of Rajasthan at the instance of the District Superintendent of Police, Jodhpur 400051.
-Deponent
I, the deponent above named do hereby solemnly on oath affirms as under:-
1. That the deponent is fully acquainted with the facts deposed to below and such is fully
authorized and is capable to sign, verify and file this affidavit
2. That the deponent reiterates all averments made in the application for summoning of record
of the Lower Court, filed along with this affidavit, which are not being repeated herewith for
the sake of brevity.
1. That the deponent has full hope of success in this revision and if the said application is not
allowed it will be difficult for disposal of the said Revision on merits.
-Deponent
I the deponent above named do hereby make oath that the contents of the above affidavit in paras 1
to 3 are true to my own knowledge and belief. Nothing material has been concealed and no part of it
is untrue. So help me God. Verified on Jodhpur on 27th day of February, 2018.
-Deponent
