[2025:RJ-JD:53082]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Appeal No. 540/1995

1. Varda S/o Rama

2. Bheru S/o Narain

3. Heera s/o Varda Gayari

All R/o Nanana P.S. Nikum District Chittorgarh.

----Appellant

Versus

State of Rajasthan

----Respondent

For Appellant(s) : Mr. Shambhoo Singh Rathore

For Respondent(s) : Mr. Rajesh Bhati, AGA with

Mr. Ravindra Bhati, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

08/12/2025

1. The present criminal appeal has been preferred being aggrieved of the judgment dated 25.11.1995 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Pratapgarh in Sessions Case No.66/1992 new) (76/1991 old), whereby they were convicted and sentenced to undergo maximum two years’ rigorous imprisonment along with a fine of Rs.500/- under Section 3(1)(xiv) of SC/ST Act and in default of payment of fine, further to undergo simple imprisonment of three months and

lesser punishment for the other offence under Section 341 of IPC.

2. During the course of trial, appellant No. 1 (Varda) and appellant No. 2 (Bheru) expired. The learned Public Prosecutor has submitted a report dated 20.06.2016 to this effect. Their respective death certificates have been annexed with the report.

Since the appellants Nos. 1 and 2 have been expired, the instant appeal stands dismissed as abated to that extent.

2. The aforesaid report and annexed death certificate are taken on record.

2. Bereft of elaborate details, facts relevant and essential for disposal of the instant appeal are that the incident occurred on the night of 04.03.1991. A written report of the incident was lodged on 19.03.1991 by Laccharam at Police Station Nikum, District Chittorgarh, against the accused-appellants and twelve other co- accused persons. It was alleged therein that the marriage of his son was scheduled for 05.03.1991, and the Bandoli ceremony was held on 04.03.1991 at about 12:00 noon. While the procession was in progress, the aforesaid persons allegedly intercepted the procession and started fighting without any provocation. On the basis of this report, a case under Section 3(1)(xiv) of the SC/ST Act and Sections 147 and 341 of the IPC was registered, and the investigation commenced. After completion of the investigation, a challan was filed against the present appellants for offences under Sections 147 and 341 of the IPC and Section 3 of the SC/ST Act.

3. The learned Magistrate framed charges against the appellants for the aforesaid offences. Upon their denial of guilt, the trial commenced. During the course of trial, twelve witnesses were examined. The accused, when confronted with the prosecution allegations in their statements under Section 313 of the CrPC, denied the same and claimed innocence. Thereafter, after hearing the learned Public Prosecutor and the learned Defence Counsel, and upon meticulous appreciation of the evidence on record, the learned trial court convicted the accused for offences under Section 3(1)(xiv) of the SC/ST Act and Section 341 of the IPC, while acquitting them of the charge under Section 147 of the IPC by extending the benefit of doubt, vide judgment dated 25.11.1995. Hence, the present appeal has been filed before this Court.

4. After arguing the case on merits to some extent, learned counsel appearing for the appellants submits that he will not assail conviction of the appellant Heera and confines his arguments to the alternative prayer of reduction of the sentence awarded to him by the trial court. He submits that the incident in the present case pertains to the year 1991. The offences involved are a specific atrocity related to restricting access to public resources and wrongful restraint. The appellant Heera was young at the time of the incident. He has already suffered agony of protracted trial for 30 years. The maximum sentence awarded by the trial court is rigorous imprisonment of 2 years. He has remained in judicial custody from 13.05.1991 to 15.05.1991. With these submissions, learned counsel pra