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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Appeal No. 419/1989

1. Kaptan S/o Ram Ratan,

2. Bijendra S/o Ram Ratan,

3. Asha S/o Shobha Ram,

4. Jassu S/o Ganpat,

5. Babu S/o Indra,

6. Bhagwan Singh S/o Ram Ratan,

7. Ganpat S/o Balwant,

8. Nekram S/o Indra

All B/c Gujar, R/o Ochha Ka Pura, Mazra Jalalpur, PS Maniya,

District Dholpur.

(At present in District Jail, Dholpur)

----Appellants

Versus

State of Rajasthan

----Respondent

For Appellant(s) : Mr. Sarwat Alam, Adv. with

Mr. Gaurang Agarwal, Adv.

For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG

with Mr. Vivek Choudhary, PP

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Judgment

31/01/2026

1. The instant criminal appeal under Section 374 Cr.P.C. has

been filed by the appellants herein challenging judgment dated

20.11.1989 passed by learned Additional Sessions Judge, Dholpur

in Sessions Case No.82/1986 whereby the appellants have been

convicted and sentenced as under:-

Accused :- Kaptan, Bijendra, Asha, Jassu & Babu

Offence under Sentence Default Sentence

Section

307 IPC Five years’ RI with fine Six months’ RI

of Rs.1,000/-

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307/149 IPC Five years’ RI with fine Six months’ RI

of Rs.1,000/-

324 IPC Two years’ RI with fine Three months’ RI

of Rs.1,000/-

324/149 IPC Two years’ RI with fine Three months’ RI

of Rs.1,000/-

323/149 IPC One year’s RI with fine Three months’ RI

of Rs.1,000/-

148 IPC Six months’ RI with fine Two months’ RI

of Rs.500/-

447 IPC One month’s RI with fine One month’s RI

of Rs.100/-

Accused :- Bhagwan Singh, Ganpat & Nekram

Offence under Sentence Default Sentence

Section

307/149 IPC Five years’ RI with fine Six months’ RI

of Rs.1,000/-

324/149 IPC Two years’ RI with fine Three months’ RI

of Rs.1,000/-

323 IPC One year RI with fine of Three months’ RI

Rs.1,000/-

323/149 IPC One year’s RI with fine Three months’ RI

of Rs.1,000/-

148 IPC Six months’ RI with fine Two months’ RI

of Rs.500/-

447 IPC One month’s RI with fine One month’s RI

of Rs.100/-

2. The brief facts of the case, as emerging from the record, are

that the injured Ramji Lal (PW-3) submitted a parcha bayan to the

police at Sadar Hospital, Dholpur, stating that on 19.07.1985 at

about 8:00 a.m., he, along with Puran and Prem Singh, had gone

to their agricultural field for the purpose of cultivation. While they

were engaged in agricultural work, the accused-appellants arrived

at the spot armed with bhalas and lathis and assaulted them. In

the said incident, a total of eight persons sustained injuries, both

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simple and grievous in nature. On the basis of said parcha bayan,

FIR No.70/1985 came to registered against the appellants at

Police Station Mania, District Dholpur for offences punishable

under Sections 147, 148, 149, 324, 307, 323 & 447 of the IPC.

3. After completion of investigation, Police filed charge-sheet

against the appellants for the aforesaid offences. Thereafter, the

learned trial Court framed charges against the appellants. The

appellants denied the charges and claimed trial.

4. During the course of trial, the prosecution examined 16

witnesses and exhibited various documents. Thereafter,

statements of the appellants were recorded under section 313

Cr.P.C. In defence, one witness was examined and some

documents were examined. Upon conclusion of the trial, the

learned trial Court vide impugned judgment dated 20.11.1989

convicted and sentenced the accused-appellants as above. Hence,

this appeal.

5. During the pendency of this appeal, appellant Nos.1 to 3, 6 &

7 have expired. Thus, the present appeal qua the appellant Nos.1

to 3, 6 & 7 stands dismissed as abated.

6. At the outset, learned counsel for the accused-appellants

submits that the finding of conviction is not under challenge.

However, it is prayed that the appellants be extended the benefit

of the Probation of Offenders