[2026:RJ-JD:883]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 256/1997 Mahander Singh S/o Toga Singh Jat Sikh, R/o village Sangar Tehsil Suratgarh District Sri Ganganagar ----Appellant Versus State Of Rajasthan ----Respondent For Appellant(s) : Mr.N.L.Joshi For Respondent(s) : Mr. Surendra Bishnoi, AGA HON'BLE MR. JUSTICE FARJAND ALI

Order

08/01/2026

1. The appellant has preferred the instant appeal under Section 374(2) of the CrPC being aggrieved of the judgment dated 12.05.1997 passed by the learned Special Judge, Scheduled Caste/Schedule Tribe (Prevention of Atrocities) Cases Court, Sri Ganganagar in Sessions Case No.46/1996, whereby he has been convicted and sentenced as under :-

Upon depositing the fine amount, Rs.1,000/- shall be paid to complainant Satpal. All the sentences were ordered to run concurrently.

2. Briefly stated, the prosecution case is that on 25.12.1995, the complainant Satpal was seated beneath a tree in the open compound (dekhal) of his residence, warming himself near a fire lit by him. At the relevant time, his mother was unwell, and his neighbour Krishan, accompanied by his wife, visited the complainant’s house to enquire about her health. Krishan sat with the complainant near the fire, while his wife remained inside the house.

2.1. It is alleged that during this time, the accused–appellant arrived at the spot in an intoxicated condition, armed with a gandhasi, and began hurling abuses at the complainant. The accused allegedly assaulted Satpal by delivering a blow with the gandhasi which struck his left hand, followed by a second blow on the left side of the lower portion of his face, as a result of which the complainant sustained bleeding injuries.

2.2. When Krishan, along with Meera and Leela, attempted to intervene and rescue the complainant, they too were allegedly subjected to assault at the hands of the accused. The statement of the complainant was subsequently recorded by Ram Chander Singh, Sub-Inspector, Police Station Suratgarh, on 26.12.1995 at the Government Hospital, Suratgarh.

2.3. On the basis of the said statement, the Station House Officer, Police Station Suratgarh, registered FIR No. 430/95 for offences under Sections 447 and 323 of the Indian Penal Code and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and investigation was commenced. After usual investigation, a charge-sheet was filed against the present appellant.

4. The learned trial court framed charges against the appellant for the offences under Sections 3 of the SC/ST Act and Section 452 & 323 of the IPC and upon denial of guilt by the accused, commenced the trial. During the course of trial, as many as 6 witnesses were examined and various documents were exhibited. Thereafter, an explanation was sought from the accused- appellants under Section 303 Cr.P.C., in which he denied the prosecution allegations and claimed to be falsely implicated in the case. However, he produced D.W.1 in defence. Then, after hearing the learned Public Prosecutor and the learned Defence Counsel and upon meticulous appreciation of the evidence, learned trial Judge convicted and sentenced the appellant in the manner stated above vide judgment dated 12.05.1997, which is under assail before this court in the instant appeal.

5. After arguing on merits to some extent, learned counsel for the appellant does not wish to press the present appeal in respect of the judgment of conviction passed by the learned trial court and preferred to make submissions on the point of sentence only. He submits that an altercation ensued on a trivial issue and the appellant, who was aged 38 years, hurled some abuses and caused some injuries to the complainant, which were all simple in nature. The incident is of the year 1995. The appellant was of middle age at that time. At present he is of 69 years. No adverse remark has been passed over his conduct in the impugned judgment. He has faced the rigor of criminal case