IMPORTANT POINT
The principle of parity in criminal law mandates that co-accused with similar evidence should receive consistent verdicts, preventing arbitrary distinctions in convictions.

JUDGMENT :

Per Dr. Pushpendra Singh Bhati, J:

1. This criminal appeal under Section 374 Cr.P.C. has been preferred claiming the following reliefs:

“It is, therefore, prayed that the appeal may kindly be accepted, conviction of the appellants be set-aside and they be acquitted or any other appropriate order which may be considered just and proper in the circumstances of the case may be passed.”

2. The matter pertains to an incident which occurred in the year 1989 and the present appeal has been pending since the year 1993.

3. The accused-appellant laid a challenge to the judgment of conviction and order of sentence dated 05.05.1993 passed by the learned District & Sessions Judge, Rajsamand in Session Case No. 10/91, whereby the present accused-appellants, have been convicted and sentence is as follows:

However, vide the impugned judgment, the remaining eight accused persons, were acquitted of the charges against them.

4. Brief facts of the case, as placed before this Court by Mr.Vineet Jain, learned Senior Counsel assisted by Mr. Rajiv Bishnoi, appearing for the accused-appellants, are that on 22.05.1988 at around 10:05 p.m., a written report (Ex.P-2) was submitted by one Karma Ram (complainant/PW-6) before the Police Station, Bheem, stating that on the said date, in the evening, the present accused-appellant-Poona Ram went to the house of Panna Ram (PW-1), to have a word with the latter in respect of an accusation on his elder brother but upon reaching PW-1 Panna Ram’s house, he was informed by P.W.-2, Sayar Bai (Panna Ram’s wife), that he was not present at home. On the way back, accused-appellant met PW-1 and they had an altercation and thereafter PW-1 left for his uncle, Pitha Ram’s house (the deceased), but he was followed by the accused-appellant.

4.1. Upon reaching the deceased’s house, the accused-appellants as well as other accused persons (acquitted), started shouting and abusing the deceased and his family; when Pitha Ram (deceased) came out to calm down the agitated group, the accused-appellants raised a cry to kill Pitha Ram as he was trying to be a counsellor pertaining to the dispute; upon the same, the group comprising Om Prakash, Khema Ram, Kesa Ram, Raju Ram, Smt. Gomi, Smt.Kanku Devi, Smt. Raji Devi, Smt. Soni and Smt. Geeta Devi attacked Pitha Ram, armed with stones & lathis, attacked the deceased. Such an act was intervened by PW-1 Panna Ram, PW-2 Shayari Bai, PW-3 Tulsi Ram, PW-4 Mohan Singh, PW-6 Karma Ram, D.W-1 Deva Ram and one other person i.e. Jetha Ram. As a result of the same, Pitha Ram succumbed to the injuries at his home.

4.2. On the basis of the aforementioned report, the police registered a case (Ex.P-3) for the offences under Sections 147, 148, 149, 302 and 323 I.P.C. and thereafter the investigation commenced. After investigation, the police filed a charge-sheet under the aforesaid provisions of IPC.

4.3. The learned Trial Court framed the charges against 10 accused persons under Sections 147, 302/149, 323/149 IPC; the said charges were read over and explained to the accused persons, which they denied and claimed to stand due trial and trial commenced accordingly.

4.4. During the course of trial, the evidence of 14 prosecution witnesses were recorded and 20 documents were exhibited on behalf of the prosecution; in defence, 1 witness was produced and 2 documents were exhibited, whereafter, the accused- appellants were examined under Section 313 Cr. P.C., wherein they pleaded not guilty by denying the charges framed against them, pleaded innocence and their false implication in the criminal case in question.

4.5. Thereafter, upon hearing the contentions of both the parties as well as considering the material and evidence placed on record, the learned Trial Court, acquitted 8 accused persons of the charges against them; but convicted and se