Rajasthan High Court - Jodhpur
Bholaram And Ors vs State (2025:Rj-Jd:16328) on 27 March, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:16328]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 952/2005
1. Bholaram S/o Magha Ram R/o Sujandesar, P.S. Ganga
Shahar, Bikaner.
2. Kewalram S/o Gordhan R/o Sujandesar, P.S. Ganga Shahar,
Bikaner.
3. Laxman S/o Salag Ram R/o Sujandesar, P.S. Ganga Shahar,
Bikaner.
4. Ramchandra S/o Salagram R/o Sujandesar, P.S. Ganga
Shahar, Bikaner.
5. Kanaram S/o Gordhan R/o Sujandesar, P.S. Ganga Shahar,
Bikaner.
6. Jhoomarmal S/o Salagram R/o Sujandesar, P.S. Ganga
Shahar, Bikaner.
7. Rameshwarlal S/o Rawat Ram R/o Sujandesar, P.S. Ganga
Shahar, Bikaner.
8. Vishnu S/o Maghram R/o Sujandesar now at Ludhiana, P.S.
Badi Habulal, District Ludhiana.
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Mr. B.S. Rathore
For Respondent(s) : Mr. K.S. Kumpawat, assistant to
Mr. Deepak Chowdhary, GA-cum-AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
27/03/2025
1. Instant criminal appeal has been filed by the appellants
against the judgment dated 16.12.2005 passed by learned
Additional Sessions Judge (Fast Track) No.1, Bikaner in Sessions
[2025:RJ-JD:16328] (2 of 5) [CRLA-952/2005]
Case No.156/2003 by which the learned Judge convicted and
sentenced the appellants for offences as under:-
Offence Sentence Fine Sentence in
default of fine
307 IPC (App. No.3 7 years' RI Rs.1,000/- 3 months' SI
& 7)
307/149 IPC (App. 5 years' RI Rs.1,000/- 3 months' SI
No.1, 2, 4, 5, 6 &
8)
148 IPC 2 years' SI - -
323/149 IPC 6 months' SI - -
324/149 IPC 1 year SI - -
2. All the sentences were ordered to run concurrently and the
period spent in judicial custody shall be adjusted in the original
imprisonment.
3. Brief facts of the case are that on 30.09.1996, statement of
injured Lakhuram were recorded by Police at PBM Hospital,
Bikaner wherein he stated that on the preceding night he was
sleeping at his house. At about 01:30 AM his nephew woke him up
and informed that the present petitioners were abusing him. Upon
this, he went outside his house where all the petitioners were
armed with deadly weapons like pistol, lathi, knife, etc. Thereafter,
they started shouting and with an intention to kill him, Laxman &
Rameshwar fired pistol and other accused also assaulted the
complainant and his brothers. Upon intervention from neighbours,
the accused persons fled away from the place of incident. On this
report, Police registered a case against the accused appellants and
started investigation.
[2025:RJ-JD:16328] (3 of 5) [CRLA-952/2005]
4. On completion of investigation, police filed challan against
the accused-appellants. Thereafter, the trial court framed charges
against the accused-appellants as under:-
(i) Bholaram - under Sections 147, 148, 307/149, 326, 323 (in
alternate 323/149) & 324 (in alternate 324/149) of IPC.
(ii) Rameshwarlal & Laxman - under Sections 148, 307/149,
326/149, 323 (in alternate 323/149) & 324 (in alternate 324/149)
of IPC.
(iii) Ramchandra, Kanaram, Vishnu, Kevalram & Jhumarlal - under
Sections 148, 307, 326/149, 323 (in alternate 323/149) & 324 (in
alternate 324/149) of IPC.
5. During the course of trial, the prosecution examined as many
as 21 witnesses in support of its case and also exhibited some
documents. Thereafter, statements of the accused-appellants were
recorded under section 313 Cr.P.C.
6. Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 16.12.2005 convicted and sentenced
the appellants for the offences as aforesaid. Hence, this criminal
appeal.
7. At the threshold, learned counsel for the accused-appellants
submits that he does not challenge the finding of conviction but
since the occurrence is related to the year 1996 and the accused
appellants Laxman has so far suffered a sentence of about 7
months, Rameshwar has so far suffered a sentence of about 8
months & 4 days, Ramchandra has so far suffered a sentence of
about 2 months & 9 days, Kana Ram has so far suffered a
sentence of about 13 months & 5 days, Jhumarlal has so far
suffered a sentence of about 2 months & 10 days, Bhola Ram has
[2025:RJ-JD:16328] (4 of 5) [CRLA-952/2005]
so far suffered a sentence of about 2 months & 3 days, Kewal Ram
has so far suffered a sentence of about 1 month & 20 days and
Vishnu has so far suffered a sentence of about 1 month out of
total sentence of 7 years' R.I., therefore, it is prayed that the
sentence awarded to the appellants for the aforesaid offences may
be reduced to the period already undergone by them.
8. On the other hand, the learned Public Prosecutor opposed
the submissions made by the learned counsel for the appellants.
The learned Public Prosecutor submitted that there is neither any
occasion to interfere with the sentence awarded to the accused
appellants nor any compassion or sympathy is called for in the
said case.
9. I have perused the evidence of the prosecution as well as
defence and the judgment passed by the trial court regarding
conviction of the accused-appellants.
10. Undisputedly, the occurrence relates back to year 1996 and,
the appellants have so far undergone a considerable period of
incarceration, out of total sentence of seven years' R.I., and have
also suffered the mental agony and trauma of protracted trial.
Thus, looking to the over-all circumstances and the fact that the
appellants have remained behind the bars for a considerable time,
it will be just and proper if the sentence awarded by the trial court
for offences under Sections 307, 307/149, 148, 323/149 &
324/149 of IPC is reduced to the period already undergone by the
appellants.
11. Accordingly, the appeal is partly allowed. While maintaining
the appellants' conviction for offences under Sections 307,
307/149, 148, 323/149 & 324/149 of IPC, the sentence awarded
[2025:RJ-JD:16328] (5 of 5) [CRLA-952/2005]
to them for the said offences is hereby reduced to the period
already undergone. The fine imposed by the trial court is hereby
maintained. The amount of fine imposed by the trial Court, if not
already deposited by the appellants, then two months' time is
granted to deposit the fine amount before the trial Court. In
default of payment of fine, the appellants shall undergo one
month S.I. The appellants are on bail. They need not surrender.
Their bail bonds are discharged.
12. Record, if received, be sent back forthwith.
(MANOJ KUMAR GARG),J
236-Rashi/-
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