Shankar Ram And Ors vs State (2023:Rj-Jd:32618)
2023 Latest Caselaw 7849 Raj

[2023:RJ-JD:32618]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 467/2002

1. Shankar Ram S/o Heera Ram

2. Karna Ram S/o Heera Ram

3. Dhala Ram S/o Shanker Ram

4. Sanwta Ram S/o Shanker Ram All B/c Meghwal, R/o Village Birai, Tehsil Bhopalgarh, District Jodhpur.

(At present lodged in Central Jail Jodhpur)

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. BS Rathore For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

04/10/2023

Instant revision petition under Section 397/401 Cr.P.C. has

been filed by the petitioners challenging the judgment dated

01.07.2002 passed by learned Additional Sessions Judge (Fast

Track), Jodhpur (hereinafter referred to as 'the appellate court') in

Criminal Appeal No.127/2002 by which the appellate court

dismissed the appeal of the petitioners and upheld the judgment

dated 21.09.2000 passed by learned Judicial Magistrate, First

Class, Pipar Shahar (hereinafter referred to as 'the trial court') in

Criminal Case No.15/1996 whereby, the learned trial court

convicted and sentenced the present petitioners as under :

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S.No.            OFFENCES                                  SENTENCE
1.      u/S 323 IPC to all pet.           One month's S.I.
2.      u/S 324 IPC to pet. No.1         Six months' S.I. and fine of
        u/S 324/34     IPC    to    pet. Rs.1,000/-, in default of payment
        Nos.2 to 4                       of fine, to further undergo one
                                         month's S.I.
3.      u/S 326 IPC to pet. No.4         Two years' S.I. and fine of
        u/S 326/34     IPC    to    pet. Rs.2,000/-, in default of payment
        Nos.1 to 3                       of fine, to further undergo two
                                         months' S.I.

All the sentences were ordered to run concurrently.

Brief facts of the case are that on 30.11.1995, complainant

Ram Chandra lodged a complaint at Police Station Kherapa inter-

alia alleging therein that he along with his family members was

working at the agriculture field, where accused persons namely

Shankar Ram, Karna Ram, Malla Ram, Dhalla Ram, Sawant Ram,

Suwati, Dakhu & Birki came armed with axe and sticks and

starting inflicting injuries. Sawant Ram inflicted head injury by axe

to Binja Ram and Shankar Ram inflicted injury by kassi to Mehra

Ram.

On this complaint, the police registered the case against the

accused-persons for offences under Sections 147, 324, 323/149

IPC and started investigation. During investigation, offences under

Sections 324, 326 IPC were also added on the basis of injury

reports and x-ray reports of injured Binja Ram and Mehra Ram.

After completion of investigation, Police filed challan against

the present accused-petitioners for offence under Sections 323,

324, 326/34 IPC. Thereafter, the trial court framed the charges

for offences under Sections 323, 324, 324/34, 326, 326/34 IPC,

[2023:RJ-JD:32618] (3 of 5) [CRLR-467/2002]

which were read over to the accused petitioners. The petitioners

denied the charges and claimed trial.

During the course of trial, the prosecution examined 11

witnesses in support of its case. Thereafter, statements of the

accused-petitioners under section 313 Cr.P.C were recorded. No

defence witness was examined.

Upon conclusion of the trial, learned trial court vide

impugned judgment dated 21.09.2000 convicted and sentenced

the accused-petitioners for offences as mentioned earlier.

Being aggrieved by their conviction and sentence, the

petitioners preferred an appeal before the learned appellate court,

which came to be dismissed vide judgment dated 01.07.2002.

Hence this revision petition against the conviction and sentence of

the accused-petitioners.

Learned Public Prosecutor has submitted a report dated

03.10.2023 received from the concerned Police Station in which it

has been mentioned that petitioner Nos.1 Shankar Ram and No.2

Karna Ram have expired. The said report is hereby taken on

record.

Since the petitioner Nos.1 & 2 have expired, therefore, the

present revision petition is dismissed as abated qua petitioner

Nos.1 & 2.

So far as accused-petitioners No.3 & 4 are concerned, at the

threshold, learned counsel does not challenge the finding of

conviction but it is submitted that the occurrence relates back to

year 1995 and they have so far suffered a sentence of about 19

[2023:RJ-JD:32618] (4 of 5) [CRLR-467/2002]

days out of total sentence. In such circumstances, it is prayed that

the sentence awarded to the accused-petitioners No.3 & 4 for the

offence under Sections 323, 324/34, 326, 326/34 IPC may be

reduced to the period already undergone by them.

On the other hand, the learned Public Prosecutor opposed

the submissions made by the learned counsel for the accused-

petitioners. The learned PP submitted that there is neither any

occasion to interfere with the sentence awarded to the accused

petitioners nor any compassion or sympathy is called for in the

said case.

I have perused the evidence of the prosecution as well as

defence and the judgment passed by the courts below regarding

conviction of the accused-petitioners.

It is not disputed that the occurrence has taken place in the

year 1995 and the accused-petitioners No.3 & 4 have so far

undergone a period of 19 days incarceration out of total sentence,

and so also suffered the agony and trauma of protracted trial.

Thus, looking to the over-all circumstances and the fact that the

accused-petitioners No.3 & 4 have remained behind the bars for

considerable time, it will be just and proper if the sentence

awarded by the trial court for offence under Sections 323, 324/34,

326, 326/34 IPC and affirmed by the appellate court is reduced to

the period already undergone by them. However, considering the

facts that specific averment of causing head injury by axe to Binja

Ram has been made against petitioner No.4 Sawant Ram and the

said head injury was found to be grievous in nature, therefore it

will also be proper if the fine amount imposed upon petitioner

[2023:RJ-JD:32618] (5 of 5) [CRLR-467/2002]

No.4 Sawant Ram for offence under Section 326/34 IPC is

increased from Rs.2,000/- to Rs.10,000/-.

Accordingly, the criminal revision is partly allowed. While

maintaining the petitioner Nos.3 & 4's conviction and sentence for

offence under Sections 323, 324/34, 326, 326/34 IPC, the

sentence awarded to them for aforesaid offence is hereby reduced

to the period already undergone. The amount of fine of Rs.1,000/-

imposed for offence u/S 324/34 IPC upon both the petitioners and

fine of Rs.2,000/- imposed for offence u/S 326/34 IPC upon

petitioner No.3 Dhala Ram are hereby maintained, however the

amount of fine of Rs.2,000/- imposed for offence u/S 326 IPC

upon petitioner No.4 Sawant Ram is increased to Rs.10,000/-.

Three months' time is granted to deposit the fine amount before

the trial court. In default of payment of fine, the petitioners shall

undergo two months simple imprisonment. The petitioners No.3 &

4 are on bail. Their bail bonds stand discharged.

The record of the courts below be sent back forthwith.

(MANOJ KUMAR GARG),J 5-MS/-

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