HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Criminal Appeal No. 83/1986

1. Bhanwara Ram S/o Sh. Jetha Ram

2. Deepa Ram S/o Sh. Roopa Ram

3. Babu Ram S/o Sh. Roopa Ram

4. Heera Ram S/o Sh. Purkha Ram

All residents of Kolayat, Distt. Bikaner, Rajasthan

----Appellants

Versus

The State of Rajasthan

----Respondent

For Appellant(s)

:

Mr. Kunal Bishnoi

For Respondent(s)

:

Mr. B.R. Bishnoi, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE FARJAND ALI

Judgment reserved on

:

01.08.2022

Judgment pronounced on

:

15.09.2022

By the Court : Per Hon’ble Farjand Ali

The instant appeal has been filed under Section 374(2) of

Cr.P.C. against the judgment of conviction and order of sentence

dated 31.01.1986 passed by learned District & Sessions Judge,

Bikaner in Sessions Case No. 32/1985 whereby the appellants

were found guilty for the offence under Section 302 I.P.C. read

with Section 34 I.P.C. and they were sentenced to suffer life

imprisonment and a fine of Rs. 50/-(Fifty); in default of payment

of fine, they were to further undergo one month rigorous

imprisonment. During the course of appeal, out of the four

appellants, appellant No.2- Deepa Ram and appellant No. 4- Heera

Ram had passed away. Therefore, the appeal to their extent had

(2 of 22)

[CRLA-83/1986]

been abated by this Court vide orders dated 18.05.1999 and

10.01.2000.

The appeal of both the appellants, Bhanwara Ram and Babu

Ram, was allowed partly by this Court vide judgment dated

24.09.2007 by setting aside their conviction under Sections 302 &

34 I.P.C. and both were convicted under Sections 325 & 34 of

I.P.C. and sentenced to the period already undergone by them.

The judgment dated 24.09.2007 came to be assailed by the

State of Rajasthan before Hon’ble the Supreme Court by way of

filing an appeal which was registered as Criminal Appeal No.

2027/2009 and Hon’ble the Supreme Court while accepting the

appeal filed by the State; has remanded the matter back to this

Court vide judgment dated 22.08.2019 with the observation

mentioned below:-

“6.

As a result, we set aside the impugned

judgment and order and relegate the parties

before the High Court by restoring the Criminal

Appeal filed by the respondent(s) to its original

number for being decided afresh expeditiously

on its own merits in accordance with law.

7.

We make it clear that while considering the

remanded appeal, the High Court will examine

all aspects of the matter afresh without being

influenced by the observations made in the

impugned judgment or in the present order

which is only for considering the matter in the

context of the relief that we have granted in this

case.”

This appeal has been restored to its original number. Bailable

warrants were issued against appellant No.1- Bhanwara Ram and

appellant No.3- Babu Ram, directing them to remain present

before this Court and to make arrangement of counsel to appeal

on their behalf, vide order dated 02.01.2020.

(3 of 22)

[CRLA-83/1986]

Mr. Kunal Bishnoi, learned counsel, has put in appearance on

behalf of the accused-appellants.

Heard learned counsel for the appellants, learned Public

Prosecutor and perused the entire record available.

Succinctly stated the facts of the case are that at the

instance of complainant, PW-1; Jetha Ram, an FIR came to be

lodged on 07.05.1985 at Police Station Diyatara at about 4.30 P.M.

alleging inter alia that on the fateful day of the incident, he and his

father– Bhagwan Ram were going from their hutment to their well.

The adjacent agricultural field belongs to one Roopa Ram and the

access to their field is through the field of Roopa Ram. They were

going to provide water to the cows and sheep which were being

carried by them. His father- Bhagwan Ram was having a she-

camel and was walking ahead of them. When the complainant and

his father, along with the animals, reached n