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All the aforesaid criminal appeals have arisen out of the common judgment dated 16.10.2001, passed by learned Additional Sessions Judge (Fast Track), Nagaur, in Sessions Case No.175/2001 (40/1999) by which the learned Trial Court acquitted the present accused persons from offence under Section 302/34 IPC, however, convicted them for offence under Sections 341, 323, 324/34, 326/34 IPC and sentenced as under: 

S.No. Offence U/S               Sentence                    Fine       Sentence       in
                                                                       default of fine
  1.    341 IPC             1 month SI                  -                 -
  2.    323 IPC             1 month SI                  -                 -
  3.    324/34 IPC          2 years SI              Rs.100/-           7 days SI
  4.    326/34 IPC          5 years SI              Rs.200/-           15 days SI

During the course of trial, the prosecution examined as many as 23 witnesses and also got exhibited relevant documents in support of its case.

(Uploaded on 11/09/2025 at 04:16:49 PM) [2025:RJ-JD:40059-DB] (4 of 8) [CRLA-700/2002] The present accused persons were examined under Section 313 Cr.P.C. In defence, one witness was examined and two documents were exhibited.

Learned trial Court, after hearing the arguments from both the sides, taking into consideration and appreciating the documentary evidence and the statements of witnesses, vide judgment dated 16.10.2001 acquitted the present accused persons from the offence under Section 302/34 IPC, however, convicted and sentenced them for the offences under Sections 341, 323, 324/34 & 326/34 IPC as aforesaid. Hence, the State is challenging the acquittal of the present accused persons for offence under Section 302/34 IPC and present accused persons are challenging their conviction for the aforesaid offences.

So far as the conviction of the present accused persons for offence under Sections 341, 323, 324/34, and 326/34 IPC is (Uploaded on 11/09/2025 at 04:16:49 PM) [2025:RJ-JD:40059-DB] (6 of 8) [CRLA-700/2002] concerned, counsel submits that the incident occurred in 1999 and the maximum sentence awarded by the trial court for the offence under Section 326/34 IPC is imprisonment for five years. As of now, the present accused persons have already served approximately three years of their sentence. Hence, except for the offence under Section 326/34 IPC, the present accused persons have already undergone the sentence imposed for the remaining offences. It is therefore prayed that the period of sentence already served by the present accused persons for the offence under Section 326/34 IPC be taken into account, and that the remaining sentence be reduced accordingly.

Additionally, this Court has considered that the present accused persons have so far undergone a sentence of about three years and the maximum sentence awarded by the trial court to the present accused persons is of five years SI for the offence under Section 326/34 IPC. Thus, they have already served the sentence awarded for the offences under Sections 341, 323, 324/34 IPC.

However, considering the facts that the incident is related to the year 1999 and the present accused persons have so far undergone a sentence of about three years, we think it proper to reduce the sentence of the present accused persons for the (Uploaded on 11/09/2025 at 04:16:49 PM) [2025:RJ-JD:40059-DB] (8 of 8) [CRLA-700/2002] offence under Section 326/34 IPC to the period already undergone by them.