The central legal point established in the judgment is the inference of intention to kill based on the circumstances and the consideration of compromise, age, and lack of criminal antecedents in determining the sentence.

JUDGMENT :

Farjand Ali, J.

1. The instant appeal has been filed under Section 374(2) of Cr.P.C. against the judgment of conviction and order of sentence dated 31.01.1986 passed by learned District & Sessions Judge, Bikaner in Sessions Case No. 32/1985 whereby the appellants were found guilty for the offence under Section 302 I.P.C. read with Section 34 I.P.C. and they were sentenced to suffer life imprisonment and a fine of Rs.50/-(Fifty); in default of payment of fine, they were to further undergo one month rigorous imprisonment. During the course of appeal, out of the four appellants, appellant No.2-Deepa Ram and appellant No. 4-Heera Ram had passed away. Therefore, the appeal to their extent had been abated by this Court vide orders dated 18.05.1999 and 10.01.2000.

2. The appeal of both the appellants, Bhanwara Ram and Babu Ram, was allowed partly by this Court vide judgment dated 24.09.2007 by setting aside their conviction under Sections 302 & 34 I.P.C. and both were convicted under Sections 325 & 34 of I.P.C. and sentenced to the period already undergone by them.

3. The judgment dated 24.09.2007 came to be assailed by the State of Rajasthan before Hon’ble the Supreme Court by way of filing an appeal which was registered as Criminal Appeal No. 2027/2009 and Hon’ble the Supreme Court while accepting the appeal filed by the State; has remanded the matter back to this Court vide judgment dated 22.08.2019 with the observation mentioned below:-

“6. As a result, we set aside the impugned judgment and order and relegate the parties before the High Court by restoring the Criminal Appeal filed by the respondent(s) to its original number for being decided afresh expeditiously on its own merits in accordance with law.

7. We make it clear that while considering the remanded appeal, the High Court will examine all aspects of the matter afresh without being influenced by the observations made in the impugned judgment or in the present order which is only for considering the matter in the context of the relief that we have granted in this case.”

4. This appeal has been restored to its original number. Bailable warrants were issued against appellant No.1-Bhanwara Ram and appellant No.3-Babu Ram, directing them to remain present before this Court and to make arrangement of counsel to appeal on their behalf, vide order dated 02.01.2020.

5. Mr. Kunal Bishnoi, learned counsel, has put in appearance on behalf of the accused-appellants.

6. Heard learned counsel for the appellants, learned Public Prosecutor and perused the entire record available.

7. Succinctly stated the facts of the case are that at the instance of complainant, PW-1; Jetha Ram, an FIR came to be lodged on 07.05.1985 at Police Station Diyatara at about 4.30 P.M. alleging inter alia that on the fateful day of the incident, he and his father– Bhagwan Ram were going from their hutment to their well. The adjacent agricultural field belongs to one Roopa Ram and the access to their field is through the field of Roopa Ram. They were going to provide water to the cows and sheep which were being carried by them. His father-Bhagwan Ram was having a she-camel and was walking ahead of them. When the complainant and his father, along with the animals, reached near the field of Roopa Ram, suddenly the accused persons, namely Bhanwara Ram, Deepa Ram, Babu Ram S/o Roopa Ram and Heera Ram S/o Purkha Ram surrounded them by blocking their way. All the four accused persons thrashed up his father-Bhagwan Ram with the ‘lathis’ in their hands. When he shouted, the accused Heera Ram and Deepa Ram came to beat him; he got frightened and fled to his hutment. It was stated in the FIR that the neighbours Taza Ram and Jessa Ram also witnessed the incident. His daughters, Gomti and Lichhma, rushed to rescue their grandfather. Tulcha, wife of his brother-Khinya Ram, too, was present there. It was further stated in the FIR that he went to Kelansar from his ‘dhani’ to call his brother-Khinya Ram who had gone there with