BHANWARA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 374(2) of Cr.P.C. against the judgment of conviction and order of sentence dtd. 31/1/1986 passed by learned District and Sessions Judge, Bikaner in Sessions Case No. 32/1985 whereby the appellants were found guilty for the offence under Sec. 302 I.P.C. read with Sec. 34 I.P.C. and they were sentenced to suffer life imprisonment and a fine of Rs.50.00(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 been abated by this Court vide orders dtd. 18/5/1999 and 10/1/2000.

(2.) The appeal of both the appellants, Bhanwara Ram and Babu Ram, was allowed partly by this Court vide judgment dtd. 24/9/2007 by setting aside their conviction under Ss. 302 and 34 I.P.C. and both were convicted under Ss. 325 and 34 of I.P.C. and sentenced to the period already undergone by them.

(3.) The judgment dtd. 24/9/2007 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 dtd. 22/8/2019 with the observation mentioned below:-