Rajasthan High Court - Jodhpur
Ganesharam And Ors vs State (2025:Rj-Jd:23600) on 15 May, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:23600]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 226/1998
1. Ganesharam S/o Shri Bhirajram, By caste Jat, Age 55 years,
2. Hetram S/o Shri Bhirajram, by caste Jat, Age 33 years,
3. Ramuram S/o Shri Ganesharam, by caste Jat, Age 25 years,
All R/o Jasrasar, Police Station Nokha, District Bikaner.
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Mr. Vikas Bijarnia
For Respondent(s) : Mr. Kuldeep Singh Kumpawat, Asst. to
Mr. Deepak Choudhary, AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
15/05/2025
Instant criminal appeal has been filed by the appellants
against the judgment dated 21.03.1998 passed by learned Special
Judge SC/ST (POA) & Addl. Sessions Judge, Bikaner, in Session
Case No.65/1994 by which the learned Judge convicted and
sentenced the appellants as under :-
S.No. Offence Sentence Fine Sentence in
default of fine
1. 307 & 5 years' RI Rs.1,000/- 3 months' S.I.
307/34 IPC
2. 341 IPC 1 month's SI --- ---
3. 323 IPC 6 months' SI --- ---
All the sentences were ordered to run concurrently.
Brief facts of the case are that on 16.05.1993, complainant
Tolaram gave a report before the concerned Police Station to the
effect that on 16.05.1993 at about 5.00 P.M. when he went to
market, then in the way accused Ganesharam, his son Ramuram &
Mahesh, wife Parvati and brother Hetram stopped him and gave
beating to him with the intention to kill him. After hearing his
[2025:RJ-JD:23600] (2 of 3) [CRLA-226/1998]
noise, some persons intervened and save the complainant. On this
report, Police registered a case against the accused-appellants and
started investigation.
On completion of investigation, police filed challan against
the accused-appellants. Thereafter, the charges for offence under
Sections 148, 341, 342, 323, 307/149 & 326/149 of IPC were
framed by the trial court against the accused-appellants, who
pleaded not guilty and claimed trial.
During the course of trial, the prosecution examined as many
as nine witnesses in support of its case and also exhibited some
documents. Thereafter, statement of the accused appellants were
recorded under section 313 Cr.P.C.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 21.03.1998 convicted and sentenced
the accused-appellants for the offences as aforesaid. Hence, this
criminal appeal.
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 1993 and the accused
appellants have so far suffered a sentence for certain period
including remission, out of total sentence of five 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.
Learned Asst. to Addl. Advocate General opposed the
submissions made by the learned counsel for the appellants. The
learned AAG submitted that there is neither any occasion to
[2025:RJ-JD:23600] (3 of 3) [CRLA-226/1998]
interfere with the sentence awarded to the accused appellants 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 trial court regarding
conviction of the accused-appellants.
Undisputedly, the occurrence relates back to year 1993 and,
the appellants have so far undergone for certain period of
incarceration including remission, out of total sentence of five years'
R.I., and has also suffered the mental agony and trauma of
protracted trial. Thus, looking to the over-all circumstances and
the facts 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 offence under Sections 341, 323,
307 & 307/34 IPC is reduced to the period already undergone by
the appellants.
Accordingly, the appeal is partly allowed. While maintaining
the appellants' conviction for offence under Section 341, 323, 307
& 307/34 IPC, the sentence awarded to him for the said offences
is hereby reduced to the period already undergone. The fine
amount imposed by the Court below is hereby maintained. Two
months' time is granted to deposit the fine before the trial court. In
default of payment of fine, the appellants shall undergo one month's
simple imprisonment. Appellants are on bail. They need not
surrender. Their bail bond stand discharged.
Record, be sent back forthwith.
(MANOJ KUMAR GARG),J
1-Ishan/-
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