Bhanwra And Ors vs State
2023 Latest Caselaw 629 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Criminal Appeal No. 491/1986

1.Bhanwra S/o Moti
2. Kanha S/o Moti (Died)
3. Ramchandra S/o Bhanwra
4. Smt. Santo W/o Ramchandra
5. Smt. Bhanwari W/o Banshi
                                 R/o Dhani Chechai Ki Tan, Shahpura,
District Jaipur (Central Jail, Jaipur)
                                                                  ----Appellants
                                    Versus
State of Rajasthan
                                                                 ----Respondent

For Appellant(s) : Ms. Anubha Singh, Adv. For Respondent(s) : Mr. Yashwant Kankhedia, PP

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

ORDER RESERVED ON :: 17.01.2023

ORDER PRONOUNCED ON :: 18.01.2023

Appellants have filed this appeal challenging the

judgment dated 05.11.1986 passed by the learned Sessions

Judge, Jaipur District Jaipur (for short 'the trial court') in Sessions

Case No.78/1984, whereby appellants were convicted and

sentenced for the offence(s) punishable under Sections 148 &

304(1)/149 IPC as under:-

U/s 148 IPC- Each of the accused appellant has been

directed to undergo three years rigorous

imprisonment with a fine of Rs.200/-, in

(2 of 4) [CRLA-491/1986]

default of payment of fine, to further

undergo one month's rigorous imprisonment

U/s 304(1)/149 IPC- Each of the accused appellant has been

directed to undergo seven years rigorous

imprisonment with a fine of Rs.1,000/- and

in default payment of fine, to further

undergo one year's rigorous imprisonment.

Both the sentences were ordered to run concurrently.

Prosecution story, in brief, is that Phool Singh S/o

Bhagwan Singh had lodged a written report before the Ramsanhai

Yadav, Head Constable on 15.05.1984 to the effect that on the

said date at around 2:00 PM Bhru S/o Goma had informed him

that Kesari W/o Mool Singh was lying dead at agriculture field of

Dulhe Singh. Phool Singh had gone there and saw that Kesari was

lying dead and she had sustained multiple injuries on her body.

Gissa told him that Santo W/o Ramchandra Gurjar caught Kesari.

At that time, Bhanwra S/o Moti, Kana S/o Moti, Ramchandra S/o

Bhanwra and Bhanwri W/o Banshi Gujraan came with lathies and

gave beating to Kesari.

After completion of investigation and necessary

formalities, charge-sheet was filed against the accused appellants

under Sections 147, 148, 149 and 302 IPC.

Charges were framed against the appellants for the

offence under Sections 148, 302 and 302/149 IPC.

In order to prove its case, during trial, prosecution

examined 17 witnesses. Appellants were examined under Section

313 Code Of Criminal Procedure, 1973 prayed that they were

innocent and had been falsely implicated in this case. Appellants

examined Dr. G. K. Bhatnagar in their defence.

(3 of 4) [CRLA-491/1986]

Learned trial Court vide judgment dated 05.11.1986,

convicted and sentenced to the appellants as indicated above.

Hence, the present appeal has been filed by the appellants.

During the pendency of appeal, appellant No.2-Kana

S/o Moti has died. So, appeal qua the said appellant stands

abated.

Learned counsel for the appellants submits that the

learned trial court had erred in convicting and sentencing of the

accused-appellants. Learned counsel for the appellants further

submits that they do not want to challenge the conviction of the

appellants. Leaned counsel for the appellant further submits that

the appellants are facing trial since 1984. Learned counsel for the

appellant also submits that the appellant No.1-Bhanwra and

appellant No.3-Ramchandra have remained in custody for more

than two months. Appellant No.4-Smt. Santo and appellant No.5-

Smt. Bhanwri have remained in custody for more than 13 days.

So, in the interest of justice, sentence of the appellants be

reduced to the period already undergone by them.

Learned Public Prosecutor has opposed the arguments

advanced by learned counsel for the appellants.

I have considered the arguments advanced by learned

counsel for the appellants as well as learned Public Prosecutor.

It is an admitted position that the appellants are facing

trauma of trial since 1984. Appellant No.1-Bhanwra and appellant

No.3-Ramchandra have remained in custody for more than two

months and appellant No.4-Smt. Santo and appellant No.5-Smt.

Bhanwri have remained in custody for more than 13 days. It is

also admitted position that there is no criminal antecedents

against the appellants. So, keeping in view the facts and

(4 of 4) [CRLA-491/1986]

circumstances of the case, it would be just and expedient to

reduce the sentence of the appellants to the period already

undergone by them.

Accordingly, conviction of the appellants as ordered by

the learned Court below is maintained. However, sentence of the

appellants is reduced to the period already undergone by them.

Appeal stands disposed of accordingly.

In view of the provisions of Section 437-A Cr.P.C.,

appellants Bhanwra S/o Moti, Ramchandra S/o Bhanwra,

Smt. Santo W/o Ramchandra & Smt. Bhanwari W/o Banshi

are directed to furnish a personal bond in the sum of Rs.25,000/-,

and a surety in the like amount, before the Registrar (Judicial) of

this Court, which shall be effective for a period of six months, with

the stipulation that in the event of Special Leave Petition being

filed against the judgment or on grant of leave, the appellants

aforesaid, on receipt of notice thereof, shall appear before the

Supreme Court.

(NARENDRA SINGH DHADDHA),J

Gourav/51

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