Rajasthan High Court - Jodhpur
Radhey Shyam @ Ramesh Nath And Anr vs State (2023:Rj-Jd:27598) on 29 August, 2023
Bench: Farjand Ali
[2023:RJ-JD:27598]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Jail Appeal No. 715/2008
1. Radhey Shyam @ Ramesh Nath S/o Devanath B/c Kalbeliya,
R/o Parsoli, P.S. Parsoli, District Chittorgarh presently residing at
Amba P.S. Bigod, District Bhilwara;
2. Nathu S/o Bhura Kalbeliya, R/o Bigod District Bhilwara
----Appellants
Versus
State Of Rajasthan
----Respondent
Connected With
S.B. Criminal Appeal No. 525/2008
1. Devi Lal @ Debu Lal S/o Laxmannath @ Narunath, B/c
Kalbeliya, R/o amba, P.S. Bigod, District Chittorgarh
2. Bhinya @ Bhiliya @ Nagji Ram S/o Bhola Ram B/c Kalbeliya,
R/o Harni Mahadev, P.S. Kotwali, Bhilwara
----Appellants
Versus
State Of Rajasthan
----Respondent
S.B. Criminal Appeal No. 526/2008
1. Bhinya @ Bhiliya @ Nagji Ram S/o Bhola Ram B/c Kalbeliya,
R/o Harni Mahadev, P.S. Kotwali, Bhilwara
2. Bhagu @ Begu @ Begudiya @ Pappu S/o Laxman Nath @
Narunath B/c Kalbeliya, R/o Amba P.S. Bigod, District Bhilwara
----Appellants
Versus
State Of Rajasthan
S.B. Criminal Jail Appeal No. 732/2008
1. Radhey Shyam @ Ramesh Nath s/O Devanath B/c Kalbeliya,
R/o Parsoli, P.S. Parsoli, District Chittorgarh presently residing at
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[2023:RJ-JD:27598] (2 of 4) [CRLA-715/2008]
Amba P.S. Bigod, District Bhilwara;
2. Nathu S/o Bhura Kalbeliya, R/o Bigod District Bhilwara
----Appellants
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. D.L.R.Vyas
For Respondent(s) : Mr. Abhishek Purohit, PP
HON'BLE MR. JUSTICE FARJAND ALI
Judgment
DATE OF JUDGMENT ::: 29/08/2023
BY THE COURT:-
1. Since all these appeals and jail appeals arise out of the
common judgments dated 30.06.2008 & 04.07.2008, therefore,
they were heard together and are being decided by this common
judgment.
2. All these appeals and jail appeals have been filed against
the common judgment dated 30.06.2008 & 04.07.2008 and
passed by the learned Additional Sessions Judge (Fast track)
Parbatsar, District Nagaur in Sessions Cases No. 10/2005 &
11/2005 whereby the after a full-fledged trial, the learning judge
has convicted and sentenced the accused-appellants as under:-
Name of Offence for Substantive Fine and default
the which sentence sentence
accused convicted
1. Radhey 395 IPC Ten years' RI Fine of Rs.1,000/- and
in default of payment
Shyam @
of fine, additional
Ramesh Nath rigorous imprisonment
of six months.
[2023:RJ-JD:27598] (3 of 4) [CRLA-715/2008]
2. Bhinya @ 323 IPC Three months Fine of Rs.500/- and in
S.I. default of payment of
Bhiliya @
fine additional
Nagji Ram imprisonment of one
3. Devi Lal month
@ Debu Lal
4. Nathu S/o
Bhura
Kalbeliya
6. Bhagu @
Begu @
Begudiya @
Pappu
All the sentences were ordered to run concurrently and the
period spent in judicial custody shall be adjusted in the original
imprisonment.
2. Bereft of elaborate details, briefly stated the facts of the case
are that the appellants have been tried for committing an offence
of dacoity and voluntarily causing heart to the victim Subhash
Chandra on the intervening night of 6th-7th November 2004 near
Parbatsar town. The evidence as brought on record revealing that
the victim Subhash Chandra along with truck driver Rohitash
Kumar were carrying the truck and when they reached nearby
Parbatsar Town where, in a pre-planned manner they were
obstructed by three persons and were bashed up brutally. It was
alleged that after clobbering them the accused-appellants had
taken away Rs.22,000/- in cash forcibly from their possession. The
outline features of the accused were stated in the FIR registered
at the Police Station Parbatsar besides the evidence of committing
offence of dacoity since there were more persons with the first
three persons at the place of incident. Ample material is available
on record for establishing guilt of the accused-appellants.
At this stage, the counsel for the appellants does not press on the
[2023:RJ-JD:27598] (4 of 4) [CRLA-715/2008]
point of conviction and pleads leniency with regard to the period
undergone by them till date.
3. Heard learned counsel for the appellants and the learned
Public Prosecutor for the State. Perused the material available on
record
3. After making a thorough appreciation of the material brought
on record, this Court find no error in the finding of guilt. Thus, the
appeals deserve to be dismissed on the point of conviction and
accordingly dismissed. As far as the question of sentence is
concerned, the learned Public Prosecutor has placed on record
custody certificate issued by the Central Jail, Ajmer as per which
accused appellants have served the sentence awarded to them.
4. In light of the above fact, nothing survives for consideration
by this court in these appeals, therefore, the same deserve to be
and are hereby dismissed. The judgments of conviction and the
orders of sentence are affirmed.
5. All pending applications, if any, stand disposed of.
6. Record of the Court below be sent back.
(FARJAND ALI),J
142-143 & 146 Mamta/-
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