Rajasthan High Court - Jodhpur
Het Ram & Ors. vs State Of Rajasthan on 12 April, 2014
S.B.CRIMINAL REVISION NO.549/1997
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR.
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JUDGMENT
HET RAM & ORS. V/S STATE OF RAJASTHAN
S.B.Criminal Revision Petition
No.549/1997 under section 397/401
CR.PC against the judgment dated
06.11.1997 passed by the Additional
Sessions Judge No.1, Sriganganagar
in Criminal Appeal No.63/1994
(70/1994).
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DATE OF ORDER 12.04.2014
PRESENT
HON'BLE MR. ATUL KUMAR JAIN ,J
Mr.G.R.Goyal for the petitioners
Mr.JP Bhardwaj, PP for the State
BY THE COURT
The accused-petitioners namely Het Ram, Prithvi Ram, Kashiram, Dhula Ram, Kalu Ram, Hans Raj & Bhura Ram were convicted by the court of Chief Judicial Magistrate, Sriganganagar in Criminal regular case No.165/1997 (238/1987) on 23.07.1994 under different S.B.CRIMINAL REVISION NO.549/1997 2/6 sections of the Indian Penal Code. They filed a criminal appeal No.63/1994 (70/1994) in the court of Additional Sessions Judge No.1, Sriganganagar and that court by its judgment dated 06.11.1997 dismissed the appeal and also upheld the judgment of the trial court as such. Thus, the accused-petitioners had to suffer conviction and sentence as follows:
(1)Hetram:- 148 IPC Two months SI 323 IPC Two months SI 324/149 IPC Three months SI 326/149 IPC Six months SI with fine of Rs.200/-, in default of payment of fine, further to undergo one month SI.
(2)Prithvi Ram 147 IPC One month SI 323 IPC Two months SI 324/149 IPC Three months SI 326/149 IPC Six months SI with fine of Rs.200/-, in default of payment of fine, further to undergo one month SI.
(3)Kashiram 148 IPC Two months SI 323 IPC Two months SI S.B.CRIMINAL REVISION NO.549/1997 3/6 324/149 IPC Three months SI 326/149 IPC Six months SI with fine of Rs.200/-, in default of payment of fine, further to undergo one month SI.
(4)Dhula Ram 148 IPC Two Months SI 323 IPC Two months SI 324/149 IPC Three months SI 326/149 IPC Six months SI with fine of Rs.200/-, in default of payment of fine, further to undergo one month SI.
(5)Kalu Ram 147 IPC One month SI.
323 IPC Two months SI
324/149 IPC Three months SI
326/149 IPC Six months SI with fine
of Rs.200/-, in default of
payment of fine, further to
undergo one month SI.
(6)Hans Raj 147 IPC One month SI
323 IPC Two months SI
324/149 IPC Three months SI
326/149 IPC Six months SI with fine
of Rs.200/-, in default of
payment of fine, further to
undergo one month SI.
(7)Bhura Ram 148 IPC Two months SI
S.B.CRIMINAL REVISION NO.549/1997 4/6 323 IPC Two months SI 324/149 IPC Three months SI 326/149 IPC Six months SI with fine of Rs.200/-, in default of payment of fine, further to undergo one month SI.
It was further ordered that out of the amount received against the fine, the accused-petitioners will pay Rs.500/- each to the injured Sahab Ram and Ranjeet Singh. All the sentences were ordered to run concurrently.
In this Criminal Revision Petition, the only prayer of the accused-petitioners is that they do not want to challenge conviction under various sections of the Indian Penal Code as ordered by the court below but they want benefit of undergone sentence because as per them, they have already suffered thirty five days imprisonment each.
It has been argued on behalf of the accused- petitioners that they are first offenders and no previous conviction has been alleged against them.
S.B.CRIMINAL REVISION NO.549/1997 5/6 The learned Public Prosecutor appearing for the State has not seriously opposed the prayer of the accused- petitioners.
The alleged incident had occurred on 03.08.1997 so it appears that the incident is about 27 years old. There was no previous enmity between the parties in this case. The only cause of the fight was that the drum which was being beaten in the village of the complainant party was forcibly taken by the accused party some times back and for that reason, both the parties were having no relations. No other motive has been alleged against the accused persons.
I have perused the judgment of the courts below. Looking to the injuries of Sahib Ram and Ranjeet, some amount of compensation deserves to be ordered in favour of these these two injured persons. So, it is hereby ordered that all the accused-petitioners be released on undergone sentence under various counts of IPC provided they deposit an amount of Rs.3000/- each as S.B.CRIMINAL REVISION NO.549/1997 6/6 compensation in the trial court on or before 20.5.2014. The amount, if deposited will be given in equal share to the injured Ranjeet and Sahib Ram. If in case, they fail to deposit the amount in the trial court then the trial court will call them to suffer the remaining sentence as ordered by the court of learned Additional Sessions Judge No.1, Jodhpur on 6.11.1997. The revision petition is partly accepted as above. The record of the courts below and bail bonds executed by the accused-petitioners at the time their suspension of sentence along with a copy of this judgment be sent to the concerned courts within three days.
[ATUL KUMAR JAIN], J.
Anil Singh