Ganpat Ram And Anr vs State (2023:Rj-Jd:25718)
2023 Latest Caselaw 5864 Raj

[2023:RJ-JD:25718]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Criminal Appeal No. 192/1995

1. Ganpat Ram S/o Koda Ram, B/c Jat R/o Lalgarh
2. Girdhari S/o Ganpat Ram B/c Jat, R/o Lalgarh, District Sri
Ganganagar.
                                                                     ----Appellant
                                       Versus
The State of Rajasthan
                                                                    ----Respondent


For Appellant(s)              :    Mr. S.K. Verma
For Respondent(s)             :    Mr. Mukhtiyar Khan, PP



                HON'BLE MR. JUSTICE FARJAND ALI

                                        Order

DATE OF ORDER                              :::                      14/08/2023
BY THE COURT:-

1. By way of filing the instant Criminal Appeal challenge has

been made to the judgment dated 05.05.1995 passed by the

learned Special Judge SC/ST (Prevention of Atrocities Act) Cases,

Sri Ganganagar in Sessions Case No.114/1994 whereby, the

learned trial Judge convicted the accused-appellants for the

offence under Sections 3 (i)(v) of the SC/ST (Prevention of

Atrocities) Act and sentenced to undergo six months rigorous

imprisonment and a fine of Rs.500/- and in default of payment of

fine to further undergo one month's simple imprisonment.

2. Heard learned counsel for the appellants as well as learned

Public Prosecutor for the State and have gone through the

judgment impugned as well as record of the case.

[2023:RJ-JD:25718] (2 of 4) [CRLA-192/1995]

3. After having gone through and carefully examined the

evidence brought on record it is revealing that on 12.08.1992,

victim Chimna Ram filed a complaint (Ex.P/3) alleging inter alia

that an agricultural land ad-measuring 30 bighas was allotted to

him by the Government Of Rajasthan for the purpose to maintain

his family since he belongs to the weaker section of Society; the

said land was in his possession for last 20 years. It is also alleged

that after 7-8 years of the allotment of the land, the adjacent land

was allotted to the Girdhari son of Ganpat Ram, the then Sarpanch

as the said land was a barren land and having sand dunes,

therefore, the appellants usually tried to trespass and grab his

land. It is also alleged that on 09.08.1992 when his wife Meera

along with children were working in their agricultural field, the

appellants Ganpat Ram and Girdhari made a trespass into their

land and used abusive language towards his wife indicating her

caste and whereafter the efforts were made to thrash up them

but they somehow made their escape good. It is further

emanating from the record that the FIR was lodged after some

time when the complainant approached to the Court of Additional

Chief Judicial Magistrate, Suratgarh and moved a complaint under

Section 156(3) of the Cr.P.C. Upon which FIR No.276/92 at the

Police Station Suratgarh under Sections 447, 427, 440, 467, 468,

471 of the IPC and under Section 3 (iv)(v) of the SC/ST

(Prevention of Atrocities) Act was registered and investigation

commenced wherein a negative final report was submitted and

whereafter; upon his protest, cognizance was taken and the

process was issued. Upon the appearance of the accused, the

[2023:RJ-JD:25718] (3 of 4) [CRLA-192/1995]

matter was committed to the trial Court wherein as many as six

witnesses were examined on behalf of the prosecution and

accused-appellants were examined under Section 313 of the

Cr.P.C. and two witnesses were produced in support of defence.

After meticulous examination of the evidence brought on record,

the learned trial Court convicted the accused-appellants and

passed the order of sentence as stated above.

4. At the outset the learned counsel Shri Rakesh Matoria,

representing the appellants submitted that he does not wish to

press the finding of guilt and judgment of conviction but seeks

benevolence on the point of sentence.

5. I have minutely gone through the impugned judgment as

well as record of the case and further made appreciation of the

evidence and prima facie finds no case for interference by this

Court with regard to finding of guilt. Thus, the judgment of

conviction passed by the Court below is affirmed and the appeal to

this extent is dismissed.

6. So far as the question regarding order of sentence is

concerned, it is emanating from the record that the alleged

incident took place on 09.08.1992; the parties are the residents

of same vicinity; accused-appellants have not repeated the

offence. It is reflecting that the land of both the parties are

adjacent thus adopting a reformative approach and considering

the fact that appellant Ganpat Ram was aged 60 years at the time

of incident and appellant Girdhari was of 30 years of age and now

after lapse of such a long period sending them back to jail would

[2023:RJ-JD:25718] (4 of 4) [CRLA-192/1995]

not be justifiable thus, looking to the circumstances of the case,

the circumstances of the appellants, the period already undergone

by them in judicial proceeding, taking into account the fact that it

was their first offence and they have no criminal antecedent

except the present one.

7. In the peculiar circumstances of the case, I am the opinion

that the sentence undergone by them should be treated as

substantive sentence for the offences for which they are

convicted. Thus, the appeal deserves to be allowed to the extent

of point of sentence.

8. Accordingly the appeal is partly allowed. The judgment of

conviction dated 05.05.1995 passed by the Special Judge SC/ST

(Prevention of Atrocities Act) Cases, Sri Ganganagar in Sessions

Case No.114/1994 is maintained and the order of sentence is

modified to the period already undergone by the appellants and

the same shall be treated as sentence imposed upon them for the

charge proved against them. They are on bail. Their bail bonds

are discharged, they need not to surrender.

9. Record of the courts below be sent back.

(FARJAND ALI),J 62-Mamta/-

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