[2026:RJ-JD:17343]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 614/1997

1. Surendra Singh S/o Ramji Lal

2. Hardutt S/o Shri Indra Singh R/o village 4-E, Chhoti Sri Ganganagar ----Appellant Versus State Of Rajasthan ----Respondent For Appellant(s) : Mr.Pradeep Choudhary For Respondent(s) : Mr. Surendra Bishnoi, AGA HON'BLE MR. JUSTICE FARJAND ALI

JUDGMENT

07/04/2026

1. By way of the present criminal appeal, the appellants have assailed the judgment and order dated 04.11.1997 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar in Sessions Case No.36/1994, whereby the appellants were convicted for the offence under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act and sentenced to undergo six months’ rigorous imprisonment along with fine, with stipulation of default sentence. The appellants were further convicted under Sections 447 and 323 of the IPC and sentenced to pay fine.

2. The genesis of the prosecution case lies in a written report (Ex.P-5) submitted on 09.01.1994 at about 4:50 PM by PW-3 Bakshi Ram at Police Station Sri Ganganagar, on the basis of which a formal FIR (Ex.P-6) came to be registered. As per the allegations, the complainant was cultivating agricultural land belonging to one Dharaveer on a crop-sharing basis. On the date of the incident, while he was engaged in cutting the remnants of cotton (Narma) crop in the field, and Dharaveer was also present there, the appellants namely Hardutt and Surendra Singharrived at the spot.

2.1. It was alleged that the appellants directed the complainant to vacate the field, and one of them, allegedly armed with a revolver, extended threats to his life and attempted to assault him. The complainant managed to escape and thereafter narrated the incident to Dharaveer.

2.2. On the basis of the said report, a case was registered for offences under Sections 341 and 323 IPC and Section 3 of the SC/ ST (Prevention of Atrocities) Act. Upon completion of investigation, including preparation of site plan, arrest of the accused persons and recording of statements, a charge-sheet was filed for offences under Sections 447, 341, 323 IPC and relevant provisions of the SC/ST Act.

2.3. The case was committed to the Court of Special Judge, where charges were framed under Sections 447, 323 IPC and Section 3(1)(x) of the SC/ST Act. The accused denied the charges and claimed trial. The prosecution examined six witnesses and exhibited documentary evidence, while the accused, in their statements under Section 313 Cr.P.C., denied the allegations and produced one defence document.

2.4. Upon appreciation of evidence, the learned trial court acquitted the appellants of the charge under Section 341 IPC but convicted them under Sections 447 and 323 IPC and Section 3(1) (x) of the SC/ST Act and sentenced them as indicated above. Being aggrieved by the said judgment dated 04.11.1997, the present appeal has been preferred. 3. I have heard learned counsel for the appellants as well as learned Public Prosecutor and have carefully perused the entire record of the case.

4. At this stage, learned counsel for the appellants, upon instructions, submits that the appellants do not wish to press the appeal on merits insofar as it relates to the conviction recorded by the learned trial court and confines the challenge only to the quantum of sentence. It is further submitted that the appellants have already undergone a period of approximately twenty days of incarceration and, therefore, the sentence already undergone may be treated as sufficient.

4.1. This Court has bestowed its anxious consideration to the submissions advanced and the material available on record.

4.2. In view of the categorical statement made on behalf of the appellants that the conviction is not being assailed, the findings of guilt recorded by the learned trial court are allowed to attain finality and are not subjected to reappraisal in the present appellate jurisdiction.

4.3. T