RAMPRATAP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, Rampratap was convicted by the trial court under Sec. 302 Penal Code and sentenced to undergo life imprisonment. The other appellants, namely, Phool Chand, Smt. Bhagwati Devi and Ram Pal were acquitted by the Sessions Judge for the offences punishable under Sections 148, 341, 323 and 302/149 IPC. Being aggrieved by his conviction, Rampratap filed an appeal before the High Court of Judicature for Rajasthan (Jaipur Bench) in D.B.Criminal Appeal No.183 of 2014. The State of Rajasthan also filed D.B. Criminal Appeal No.555 of 2014 challenging the judgment of the Sessions Court, acquitting Phool Chand, Smt. Bhagwati Devi and Ram Pal. The High Court passed a common judgment and order dated 4.1.2017 converting the offence from Sec. 302 Penal Code to Sec. 304 Part-I Penal Code insofar as Rampratap is concerned and he was sentenced to 10 years imprisonment and to pay a fine of Rs.10,000.00. In default of payment of fine he was directed to further undergo one year additional imprisonment. The appeal filed by the State of Rajasthan against Phool Chand, Smt. Bhagwati Devi and Ram Pal was allowed and they were held guilty of offences under Sec. 323 IPC. Since the occurrence had taken place in the year 2009, they were directed to be released on probation for a period of one year subject to furnishing personal bonds and bonds of sureties to the satisfaction of the trial court with an undertaking that during the period of probation, they shall be of good conduct and peace. The appellants have challenged the legality and correctness of the said judgments in these appeals.

(3.) On 27.3.2017, this Court issued notice limited to the question of the quantum of sentence.