[2025:RJ-JD:41478-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Appeal No. 601/2014

1. Rupa Ram S/o Moti Ji. 2. Maga Ram s/o Moti Ji.

By caste Rebari, residents of Chuli, P.S. Palri M. District Sirohi.

(At present lodged in Central Jail, Jodhpur.)

----Appellant Versus The State of Rajasthan.

----Respondent For Appellant(s) : Mr. B.S. Rathore Mr. Shambhoo Singh Rathore Mr. Chain Singh Rathore Mr. Shreekant Verma Mr. Naresh Singh for Mr. Rakesh Arora For Respondent(s) : Mr. Rajesh Bhati, PP HON'BLE MR. JUSTICE VINIT KUMAR MATHUR HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

18/09/2025 (Per Hon’ble Mr. Justice Vinit Kumar Mathur)

1. The instant Criminal Appeal under Section 374(2) Cr.P.C. has been preferred by the appellants against the judgment dated 19.06.2014 passed by learned Additional Sessions Judge, Abu Road, District Sirohi (hereinafter referred to as the learned trial court for short) in Sessions Case No. 03/2010 – State of Rajasthan v. Rupa Ram & Ors., whereby the accused-appellants were convicted and sentenced for the following offences:

Under Section 147 IPC – One year’s simple imprisonment with fine of Rs.1,000/- and in default of payment of fine, to further undergo two months’ simple imprisonment.

Under Section 452 IPC – Two years’ simple imprisonment with fine of Rs.1,000/- and in default of payment of fine, to further undergo two months’

simple imprisonment.

Under Section 323/149 IPC – Six months’ simple imprisonment with fine of Rs.500/- and in default of payment of fine, to further undergo one month’s simple imprisonment.

Under Section 307/149 IPC – Five years’ simple imprisonment with fine of Rs.2,000/- and in default of payment of fine, to further undergo three months’ simple imprisonment.

Under Section 302/149 IPC – Life imprisonment with fine of Rs.5,000/- and in default of payment of fine, to further undergo six months’ simple imprisonment.

Under Section 363/149 IPC – Three years’ simple imprisonment with fine of Rs.2,000/- and in default of payment of fine, to further undergo three months’ simple imprisonment.

Under Section 368/149 IPC – Three years’ simple imprisonment with fine of Rs.2,000/- and in default of payment of fine, to further undergo three months’ simple imprisonment

2. Brief facts necessary for deciding the instant appeal are that on the basis of parcha bayan (Ex.P/52) of Smt. Teejo W/o Jivaji Jeevan, recorded by Shri Heera Ram, S.I., P.S. Pindwara at Government Hospital, Pindwara on 17.09.2009, an FIR No.245/2009 was registered for offences punishable under Sections 143, 307, 452, 323, 363 and 366/149 IPC.

3. As per the parcha bayan, Smt. Teejo was married to accused Rupa Ram (appellant no.1) about 15 years earlier and out of their wedlock two children, namely Peera (aged 11 years) and Kaniya (aged 9 years), were born. After residing with her husband for about 9–10 years, she was subjected to cruelty, whereafter she returned to her parental house at Nandiya and subsequently obtained divorce from Rupa Ram (appellant no.1). Thereafter, she entered into a Nata marriage with Jeeva Ram S/o Bhuta Ji, R/o Batakara, and out of this wedlock a daughter, Dimple (aged 2 years), was born. On account of the divorce, accused Rupa Ram (appellant no.1) was bearing enmity with her.

4. On the intervening night of 16.09.2009, at about 12.30– 1.00 a.m., while Smt. Teejo was sleeping in her house at Nandiya along with her children, Peera, Kaniya and Dimple, her father Devaji and mother Rabi were also sleeping there. At that time, accused Rupa Ram (appellant no.1), accompanied by 3–4 unknown persons, entered the house and started beating her with lathis. When her parents intervened, the accused assaulted them also. As a result, Smt. Teejo, her father and mother became unconscious, and in the meantime, the accused persons abducted her daughters Kaniya and Dimple in a white car. On hearing hue and cry, Natharam reached the spot, but the accused fled away. In the incident, Smt. Teejo sustained injuries on her left leg