BHANWARI & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal by special leave at the instance eight appellants challenges the judgment and order dated 18th July, 2008 passed by the High Court of Rajasthan at Jodhpur in Division Bench Criminal Appeal No.679 of 2000.

(2.) Initially, 27 persons were charge sheeted for having committed offences punishable under Section 302, in the alternative under Section 302/149; 307, in the alternative under Section 307/149; 325, 323, in the alternative under Sections 323/149, 148 and 447 of the Indian Penal Code [for short 'IPC'].

(3.) One of the accused persons named, Deva Ram died pending trial. Out of 26 persons so tried by the trial Court, 16 were acquitted by the trial Court while other 10 were convicted and sentenced under Section 148 IPC to undergo rigorous imprisonment for two years, under Section 302 read with 149 IPC to undergo life imprisonment with a fine of L 1,000/- each in default whereof to suffer further simple imprisonment for three months; under Section 325 IPC read with Section 149 IPC to undergo rigorous imprisonment for three years with a fine of L 500/-, in default whereof to undergo simple imprisonment for two months; under Section 324 IPC read with Section 149 IPC to undergo rigorous imprisonment for two years and under Section 323 IPC read with Section 149 IPC to undergo rigorous imprisonment for six months. The ten convicted accused preferred Division Bench Criminal Appeal No. 679 of 2000 before the High Court. During the pendency of the appeal, two appellants namely, Amra Ram and Niryana Ram died and their appeal was dismissed as abated by orders dated 12th May, 2003 and 9th October, 2006, respectively. The appeal of the remaining eight accused was dismissed by the High Court by the judgment under appeal confirming the conviction and sentence as recorded by the trial Court.