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2017 Supreme(Raj) 717
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Navin Sinha, Vijay Kumar Vyas, JJ.
Girraj son of Ishara & Ors. - Appellants
Versus
The State of Rajasthan - Respondent
D.B. Criminal Appeal No. 403 of 1984
Decided On : 10-02-2017
For the Appellants :Shri Sudhir Jain, Shri Ashish Sharma and Shri Ritesh Jain, Advocates.
For the Respondent: Shri B.N. Sandu, Public Prosecutor.
Headnote:
Criminal Procedure Code,1973 - Section 437-A –Indian Panel Code,1860 - Section 302/149, 325, 326, 326/149 and 323/149 - jurisdiction after delay - land of their possession – convicted – Petition are that on 20.8.1981 at 11.45 AM, Kajod Mal Gujar (PW-1) submitted a written report (Ex.P-1) at Police Station, Kolwa to the effect that in the morning at 8.00 AM when he was taking his cattle for grazing and crossing through pasture land - They also got many injuries on head, hands, etc. and are lying on the spot as if died. The complainant has some how fled away from there and reporting. Head of his brother Ramji Lal was cracked and he is lying unconscious on the spot. On this report, police registered FIR No.45/81. After investigation submitted a charge-sheet against 15 persons out of 16 named in written report (Ex.P-1). Learned trial court framed charges for offence u/s 148 against Ram Karan and Ram Phool, for the offence u/s 147 to rest of all the accused – Held, Appellant Kajod was of 20 years and the appellant Kailash was of 28 years in the year 1984 when their statement u/s 313 Cr.P.C. were recorded by the trial court. By this time, both of them should be around 61 and 52 years old, respectively. During trial and hearing of the appeals, appellant Kailash remained about 15 days and appellant Kajod remained about 01 month and 25 days in custody. It would not be in the interest of justice that after such a prolong period, the aged appellants be asked to undergo further sentence behind the Bars. Keeping in view that no other conviction is on record and considering all above aspects of the case, both the appellants – Kailash and Kajod are ordered under the Probation of Offenders Act to be released on probation for a period of two years provided that each of them furnish a bond of Rs.20,000/- with one surety of the similar amount, to the satisfaction of the trial court with the stipulation that they will maintain peace and good conduct during aforesaid period - appeal allowed
Vijay Kumar Vyas, J.
1. Appellants have assailed judgment dated 31.8.1984 rendered by learned Additional District & Sessions Judge, Dausa (Jaipur) in Sessions Case No.16/1982, whereby the court convicted 11 accused persons, including the appellants herein, and sentenced them as follows :
Accused appellants of this appeal
| U/s 147 IPC | - One Year’s Rigorous Imprisonment. |
| U/s 323/149 IPC | - Three Months’ Rigorous Imprisonment. |
| U/s 325/149 IPC | - Two Years’ Rigorous Imprisonment with fine of Rs.100/-; in default of payment thereof, to further undergo Three Months’ Rigorous Imprisonment. |
| U/s 326/149 IPC | - Three Years’ Rigorous Imprisonment with fine of Rs.100/-; in default of payment thereof, to further undergo Three Months’ Rigorous Imprisonment. |
| U/s 302 IPC Co-accused Ram Karan and Ram Phool :- | Imprisonment for life with fine of Rs.200/-; in default of payment thereof, to further undergo 6 months’ Rigorous Imprisonment. |
| U/s 302/149 IPC – Rest of the accused :- | Imprisonment for life with fine of Rs.200/-; in default of payment thereof, to further undergo 6 months’ Rigorous Imprisonment. |
All the sentences were ordered to run concurrentl
2. Three convicts namely - Ram Karan, Ram Phool and Heta preferred a separate appeal against the above judgment, registered as D.B. Criminal Appeal No.406/1984. Since all the appellants expired, that appeal was dismissed as abated on 26.4.2010.
3. As Girraj, Kishan Lal and Rang Lal, appellants in this appeal have died, this appeal to their extent, stands abated.
4. In brief, facts of the case are that on 20.8.1981 at 11.45 AM, Kajod Mal Gujar (PW-1) submitted a written report (Ex.P-1) at Police Station, Kolwa to the effect that in the morning at 8.00 AM when he was taking his cattle for grazing and crossing through pasture land nearby czkgE.k okyh tehu] Ram Karan, Ram Phool, Girraj, Mangla, Heta, Kishan Lal, Chain Sukh @ Sukh Ram, Kanya, Sanwata, Kajod, Ram Ratan, Rang Lal, Kailash, Mst. Govindi, Anokhi and Janaki were standing in the way, armed with sword, Barchhi and lathies. They attacked upon him. Chain Sukh @ Sukh Ram gave a blow of lathi on his shoulder. On making noise, brother of complainant Ramji Lal, Bahadur, Ram Singh, Jagdish and Gopal came there. They also got many injuries on head, hands, etc. and are lying on the spot as if died. The complainant has some how fled away from there and reporting. Head of his brother Ramji Lal was cracked and he is lying unconscious on the spot. On this report, police registered FIR No.45/81. After investigation submitted a charge-sheet against 15 persons out of 16 named in written report (Ex.P-1). Learned trial court framed charges for offence u/s 148 against Ram Karan and Ram Phool, for the offence u/s 147 to rest of all the accused. All 15 accused were also charged for the offences u/s 302/149, 325, 326, 326/149 and 323/149 IPC. Accused denied the charges and claimed for trial. Prosecution examined 13 witnesses. All the accused were examined u/s 313 Cr.P.C. Six witnesses were examined in defence. After hearing both the parties, learned trial court vide judgment dated 31.8.1984 acquitted four accused namely - Mst. Govindi, Anokhi, Janaki and Chain Sukh @ Sukh Ram from all the charges and convicted & sentenced the rest 11 accused as stated herein above.
5. Learned counsel for the appellants submitted that for the same incident, appellants also lodged FIR which was registered as FIR No.44/81 (Ex.D-16), wherein police after investigation filed a charge-sheet against all the five persons namely - Kajod Mal (PW-1), Ram Singh (PW-2), Bahadur Singh (PW-3), Gopal (PW-4) and Jagdish (PW-5) who are alleged to be injured in the instant case. In that cross FIR, Ram Karan, Mangla, Ram Phool, Het Ram, Girraj and Kishan Lal, the appellants, were injured and their injury reports are
