Rajasthan High Court - Jodhpur
Gena Ram And Ors vs State (2025:Rj-Jd:23333) on 14 May, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:23333]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 154/1995
1. Gena Ram S/o Ganga Vishan Vishnoi R/o Bandhala, Tehsil
Nokha, P.S. Nokha, District Bikaner.
2. Basti Ram S/o Ganga Vishan Vishnoi R/o Bandhala, Tehsil
Nokha, P.S. Nokha, District Bikaner.
3. Sahi Ram S/o Bagadoo Ram Vishnoi R/o Bandhala, Tehsil
Nokha, P.S. Nokha, District Bikaner.
4. Beerbal Ram S/o Bagadoo Ram Vishnoi R/o Bandhala,
Tehsil Nokha, P.S. Nokha, District Bikaner.
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Mr. Dhanesh Saraswat
Mr. Mohd. Amaan
Mr. Danesh Sherani
For Respondent(s) : Mr. K.S. Kumpawat, assistant to
Mr. Deepak Chowdhary, AAG
Mr. M.C. Bishnoi
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
14/05/2025
1. Instant criminal appeal has been filed by the appellants
against the judgment dated 31.03.1995 passed by learned
Additional Sessions Judge, Bikaner in Sessions Case No.09/1993
by which the learned Judge convicted and sentenced the
appellants for offences as under:-
Offence Sentence Fine Sentence in
default of fine
Section 307 IPC (App. 3 years' RI Rs.2,000/- 6 months' RI
No.1)
Section 307/149 IPC 3 years' RI Rs.2,000/- 6 months' RI
(App. No.3 to 5)
[2025:RJ-JD:23333] (2 of 4) [CRLA-154/1995]
Section 148 IPC 6 months' RI - -
Section 325/149 IPC 6 months' RI - -
Section 324/149 IPC 3 months' RI - -
Section 323/149 IPC 1 month's RI
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 02.10.1992, injured Sita
Ram gave a statement to the Police that at about 11 AM he was
standing at Nokha Mandi. At that time, all the accused-appellants
assaulted inujured Sita Ram with deadly weapons with an
intention to kill him. The accused-appellant Gena Ram fired upon
Sita Ram with a country made pistol which hit the chest, stomach
& other body parts of injured and other accused also assaulted the
injured Sitaram. On this report, Police registered a case against
the accused appellants and started investigation.
4. On completion of investigation, police filed challan against
the accused-appellants. Thereafter, the trial court framed charges
against the accused-appellant as under :-
(i) Gena Ram - Sections 307, 148, 325/149, 324/149 & 323/149
of IPC and Section 25 & 27 of Arms Act.
(ii) Beerbal Ram, Basti Ram & Sahi Ram - Sections 307/149, 148,
323/149, 324/149 & 325/149 of IPC.
5. During the course of trial, the prosecution examined as many
as 10 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.
[2025:RJ-JD:23333] (3 of 4) [CRLA-154/1995]
6. Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 31.03.1995 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 1992 and the accused
appellants have so far suffered a sentence of about 15 days out of
total sentence of three 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 1992 and,
the appellants have so far undergone a considerable period of
incarceration, out of total sentence of three 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
is reduced to the period already undergone by the appellants.
[2025:RJ-JD:23333] (4 of 4) [CRLA-154/1995]
11. Accordingly, the appeal is partly allowed. While maintaining
the appellants' conviction for offences under Sections 307,
307/149, 148, 325/149, 324/149 & 323/149 of IPC, the sentence
awarded 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 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
32-Rashi/-
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