JUDGMENT :

1. The case at hand reveals a very sad state of affairs prevailing in the Registry of this Court. The instant appeal came to be filed on behalf of the appellant in the year 2004 for assailing the judgment dated 19.5.2004 passed by learned Sessions Judge, Rajsamand in Sessions Case No.38/2003 whereby, the appellant was convicted for the offences under Section 302 I.P.C. and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act and on both the counts, she was sentenced to life imprisonment and a fine of Rs.500/-; in default of payment of fine, to further undergo one month’s rigorous imprisonment. Both the substantive sentences were ordered to run concurrently.

2. On a perusal of the prior order-sheets, it is clear that the application for suspension of sentences preferred on behalf of the appellant was rejected by this Court on 20.7.2004. To the misfortune of the appellant, she forwarded another appeal from jail, which was delayed by 1464 days.

3. The file of the represented appeal No.544/2004 came to be tagged alongwith the aforesaid jail appeal which was time barred and the matter kept lingering on for condonation of the delay and finally, the jail appeal was registered as late as in the year 2019. During this entire period, the poor appellant continued to languish in jail. Surprisingly enough, even the counsel representing the appellant never made an attempt to mention the represented appeal in the court so as to get the same listed for hearing. It may be reiterated that in the present case, the Registry of the Rajasthan High Court also acted with sheer lethargy as the appeal was never listed for hearing before the Court.

4. These startling details came to our notice on 12.7.2019 when the jail appeal No.134/2019 came to be listed before us whereupon, we directed that the represented appeal against conviction shall be listed for hearing on 16.7.2019 whereafter, the arguments were heard.

5. Be that as it may. We directed the learned Public Prosecutor to summon the custody certificate of the accused appellant which has been placed on record. As per the certificate dated 16.7.2019, issued from the office of the Superintendent, Central Jail, Jaipur, the accused appellant served a total sentence of 14 years 9 months and 22 days whereafter, by effect of the recommendation dated 13.3.2019 of the State government, the convict appellant was released on permanent parole.

6. In the backdrop of the facts and circumstances noted above, we direct that the Registry shall forthwith, conduct a physical inspection of all the pending criminal appeals and the matters shall be listed for hearing in the appropriate order of priority with preference being given to the accused whose custody period is longer.

7. Brief facts relevant and essential for disposal of the instant appeal are noted here-in-below.

8. Ram Lal Salvi P.W.2 submitted an oral report to the S.H.O. Devgarh, District Rajsamand on 24.4.2003 (Ex.P1) at the place of the incident i.e. Village Pusalon Ka Kheda (Kakrod) alleging inter alia that in the same morning, his sons Dharmesh Kumar Salvi, aged 7 years and Prakash Chand Salvi aged 5 years had taken breakfast at home and had gone to the Rajiv Gandhi Pathshala for attending the classes at 7:30 a.m. They returned home at about 10 a.m. and went to the hand pump for taking bath where, both the boys suddenly started suffering from nausea/vomiting and suddenly collapsed. Froth started coming out of their mouths and they went into seizures. The complainant mentioned in his report that as the boys suffered seizures/fits, they were taken to the place of Kakrod Mataji for getting them treated traditionally by means of Jhaad Foonk. Dharmesh Kumar expired at the Mataji Devra. Prakash Chand was taken to the Govt. Hospital at Tal where, the doctor gave him primary treatment and then referred him to the Govt. Hospital, Bheem where also, the boy was treated, but he too could not be saved. The complainant pertinently mentioned in the report th