[2025:RJ-JD:31614-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Appeal No. 658/2003

1. Jeewa s/o Lakha (abated on 28.01.2022

2. Kistura s/o Lakha

3. Babu Ram s/o Lakha All r/o Gudamalani, District Barmer (Raj.). (At present lodged in Central Jail, Jodhpur)

----Appellant Versus State ----Respondent For Appellant(s) : Mr. Manish Bhargava for Mr. D.S. Udawat For Respondent(s) : Mr. Ramesh Dewasi PP for the State.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE SUNIL BENIWAL

Judgment

Reserved on 15/07/2025 Pronounced on 19 /0 8 /2025 Per Dr. Pushpendra Singh Bhati, J:

1. The instant criminal appeal under Section 374 (2) Cr.P.C. has been preferred by the accused-appellants against the judgment of conviction and order of sentence dated 20.05.2023 passed by the learned Additional Sessions Judge (Fast Track), Balotra Camp Barmer (‘Trial Court’), in Sessions Case No.83/2002 (old No.77/2000) - State of Rajasthan Vs. Jeewa & Ors.), whereby the accused-appellants have been convicted and sentenced as under:

Conviction u/s. Sentence & In Default of Fine payment of fine further undergo

323/34 of I.P.C. Six month’s R.I. a/w 15 days’ R.I.

fine of Rs.500/-

(each of the accused-appellants)

325/34 of I.P.C. Three years’R.I. One month’s R.I.

alongwith fine of Rs.1000/-

(each of the accused-appellants)

302/34 of I.P.C. Life Imprisonment One month’s R.I.

a/w fine of Rs.1000/-

(each of the accused-appellants)

1.2. At the outset, it has been brought to the notice of this Court that accused-appellant No.1-Jeewa had expired, as reflected in the order dated 28.01.2022, whereby, the instant appeal to the extent of the said deceased appellant was ordered to stand abated. Furthermore, learned Public Prosecutor has produced before this Court the death certificate (dated 07.05.2008) of accused- appellant No.3-Babu Ram, reflected that he had expired on 26.04.2008, and thus, the present appeal qua the said deceased appellant as well, stood abated. The said death certificate is taken on record. Thus, the present appeal is surviving only qua surviving accused-appellant No.2-Kistura, and the present adjudication is being made accordingly.

2. The matter pertains to an incident which had occurred in the year 2000 and the present appeal has been pending since the year

2003.

3. As reflected from the record, a written report (Ex.P.1) was presented by the complainant, on 12.09.2000, regarding an incident which occurred on 11.09.2000, wherein sixteen buffaloes of accused-Jeewa were grazing in the field of Savda son of Bagwana Meghwal where the complainant was caretaking. On the next morning the complainant confined the said buffaloes in certain Bhakharpura Gate. On the same date, when the complainant was returning to his Dhani from the field at around 8:00 p.m., on the way he saw the accused-appellants along with one unkonwn man and a woman coming with the said buffaloes. Complainant asked the accused as to who is carrying the said buffaloes. Upon the same, the accused asked his name and said that those were the same buffaloes which were confined by the him in the gate, and while saying so, the accused persons (armed with lathis and axe) surrounded complainant and started beating him. It was alleged that the injuries were received on right hand’s wrist, right hand’s elbow, left hand and left leg. Upon hearing the cries of the complainant, other villagers namely, Bheraram & Bagga Khan, Himmataram came to rescue him; however, the said villagers were also subjected to beatings by the accused persons.

3.1. As per the aforesaid report, the said incident resulted into serious medical condition of Bheraram and Bagga Khan, upon which they were taken to the Gudamalani Hospital by Mukhiya Vikram Singh, Surataram and Sujanaram.

3.2. On the basis of the aforementioned report, the police registered a case against the accused persons under Sections 341, 143 & 323 IPC and started investigation. During the course of investigation, Bagga Khan died under treatment and thus,