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[2026:RJ-JD:47818]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 1107/2019 CNR: RJHC010532552019 | URN: CRLAS / 2794U / 2019

1. Bhera Ram @ Bheru Lal S/o Lala Ram, Aged About 20 Years, 37, Pratap Nagar, Pali, Tehsil And District Pali.

(Confined In District Jail, Pali).

2. Yogesh S/o Mohan Lal, Aged About 20 Years, By Caste Meghwal, R/o 171, Pratap Nagar, Pali, Tehsil And District Pali. (Confined In District Jail, Pali).

3. Kalu Ram S/o Lal Ji, Aged About 21 Years, By Caste Bhatt, R/o 37, Pratap Nagar, Pali, Tehsil And District Pali.

(Confined In District Jail, Pali).

4. Deepak @ Deepu S/o Sunder Lal, Aged About 19 Years, By Caste Bhatt, R/o 40, Pratap Nagar, Pali, Tehsil And District Pali. (Confined In District Jail, Pali).

----Appellants Versus

1.State, Through P.p.

2. Dhanraj @ Bhupendra S/o Om Prakash R/o Maharana Pratap Nagar, Pali District Pali, Rajasthan.

----Respondent For Appellant(s) : Mr. Prenal Lodha Amicus Curiae For Respondent(s) : Mr. Narendra Gehlot, Dy.G.A.

HON'BLE MR. JUSTICE FARJAND ALI

Judgment

REPORTABLE 29/09/2026

1. The present criminal appeal has been preferred by the appellants questioning the judgment of conviction and order of sentence dated 20.07.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali, whereby the learned trial Court, while acquitting the appellants of the offences punishable under Section 459 of the Indian Penal Code and Sections 3(1)(x) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has convicted them for the offences punishable under Sections 341/34, 323/34, 325/34 and 427/34 IPC.

2. For the aforesaid offences, each of the appellants has been sentenced to undergo one month's simple imprisonment under Section 341/34 IPC, one year's simple imprisonment under Section 323/34 IPC, three years' simple imprisonment along with a fine of Rs.10,000/- under Section 325/34 IPC and two years' simple imprisonment under Section 427/34 IPC. In default of payment of fine, each appellant has been directed to undergo two months' additional simple imprisonment. All the substantive sentences have been ordered to run concurrently.

2. The prosecution case, as unfolded from the record, is that complainant Dhanraj submitted a written report before the Station House Officer, Police Station Industrial Area, District Pali, alleging that while he was taking his dinner, the accused persons, namely, Bheru Lal, Kalu Ram, Deepu and Yogesh, forcibly entered his house. It was alleged that the accused persons abused and assaulted the complainant, his mother, uncle and aunt. It was further alleged that during the occurrence they damaged the electric pole, electric meter and cement sheets and extended threats to cause harm to the complainant and his family members. On the basis of the aforesaid allegations, the complainant requested the police to take appropriate legal action.

2.1. Pursuant to the aforesaid report, FIR No.230/2014 came to be registered at Police Station Industrial Area, District Pali. After completion of investigation, the police submitted charge-sheet against the accused persons for the offences punishable under Sections 458, 323 and 427/34 IPC and Sections 3(1)(x) and 3(2) (v) of the SC/ST Act before the competent Court. The case was thereafter committed for trial to the Court of the learned Sessions Judge, Pali and subsequently came to be transferred to the Court of the learned Special Judge, SC/ST Act Cases, Pali.

2.2. The learned trial Court framed charges against the appellants for the offences punishable under Sections 459, 323/34 and 327/34 IPC and Sections 3(1)(x) and 3(2)(v) of the SC/ST Act.

The appellants denied the charges and claimed trial.

2.3. In support of its case, the prosecution examined fourteen witnesses and exhibited the documents relied upon by it. After completion of the prosecution evidence, the statements of the appellants were recorded under Section 313 Cr.