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    Rajasthan High Court – Jodhpur

    Urn: Crla / 535U / 1996Purkha Ram And Anr vs State (2026:Rj-Jd:17354) on 9 April, 2026

    Author: Farjand Ali

    Bench: Farjand Ali

    [2026:RJ-JD:17354]
    
          HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
                         S.B. Criminal Appeal No. 369/1996
    
    1. Purkha Ram S/o Ganga Ram
    2. Smt. Champa Devi W/o Purkha Ram; R/o 17 KYD, PS
    Khajuwala, District Bikaner
                                                                               ----Appellant
                                           Versus
    State Of Rajasthan
                                                                             ----Respondent
    
    
    For Appellant(s)             :     Ms. Sarika Bishnoi
    For Respondent(s)            :     Mr. N.S. Chandawat, Dy.G.A.
    
    
    
                    HON'BLE MR. JUSTICE FARJAND ALI

    Judgment

    09/04/2026

    SPONSORED

    1. The present criminal appeal has been preferred by the

    appellants under Section 374(2) of the Code of Criminal Procedure

    assailing the judgment and order dated 16.07.1996 passed by the

    learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases

    and Additional Sessions Judge, Bikaner in Criminal Case

    No.70/1994, whereby the appellants were convicted for offences

    under Sections 323 IPC and Section 404 IPC read with Section

    3(1)(x) of the SC/ST (Prevention of Atrocities) Act and were

    sentenced to undergo simple imprisonment, along with fine and

    default stipulations, with all sentences directed to run

    concurrently.

    2. The prosecution case originates from a written report lodged

    on 25.10.1994 by complainant Kishna Ram S/o Raju Ram,

    resident of Village 17-KYD, Tehsil Pugal, District Bikaner. The

    complainant, belonging to the Meghwal community, alleged that

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    he was engaged in agricultural activities and had been using a

    customary passage to access his house.

    2.1. It was averred that the said passage was obstructed by the

    accused persons i.e. Purkha Ram and his wife Champa Devi

    whereupon the complainant approached the Collector, Bikaner,

    who directed that the रास्ता be opened. This directive allegedly

    aggrieved the accused persons.

    2.2. Subsequently, on 19.10.1994 at about 9:00 AM, when the

    complainant was proceeding towards Khajuwala and reached near

    the house of the accused, both accused persons allegedly

    intercepted him, hurled abusive language, assaulted him with fist

    blows, tore his clothes, and threatened him with dire

    consequences in case he continued to use the said रास्ता. It was

    further alleged that witnesses present at the spot intervened and

    pacified the situation.

    2.3. The complainant initially approached the Police Station

    Khajuwala; however, no action having been taken, he submitted

    the report to the Superintendent of Police, Bikaner, pursuant to

    which the case was registered under Sections 341, 323, 504 IPC

    and Section 3 of the SC/ST (Prevention of Atrocities) Act. After

    completion of investigation, a charge-sheet was filed against the

    accused persons.

    2.4. The case was committed to the Court of Special Judge,

    where charges were framed. The prosecution examined five

    witnesses, while the accused were examined under Section 313

    Cr.P.C. and one defence witness, Budha Ram, was examined.

    2.5. Upon culmination of trial, the learned trial court convicted

    the accused appellants vide judgment dated 16.07.1996 as stated

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    above. Aggrieved by the said judgment and sentence, the present

    appeal has been preferred.

    3. I have heard learned counsel for the parties as well as

    learned Public Prosecutor and have carefully perused the

    impugned judgment and the entire record of the case.

    4. During the course of hearing, it has been brought to the

    notice of this Court that appellant No.1 Purkha Ram has expired

    on 06.01.2017. Learned Public Prosecutor has verified the said

    fact and the death certificate has been placed on record, which is

    taken on file. Accordingly, the appeal qua appellant No. 1 stands

    abated. Thus, the present appeal survives only with respect to

    appellant No. 2.

    4.1. At this juncture, learned counsel for the surviving appellant

    submits that the conviction recorded by the learned trial court is

    not being assailed on merits. However, it is prayed that the appeal

    be partly allowed to the extent of sentence, and the appellant be

    released on the sentence already undergone, as she has already

    served more than fifteen days of incarceration.

    5. This Court has given thoughtful consideration to the

    submissions advanced and has minutely examined the material

    available on record.

    5.1. In view of the categorical statement made by learned

    counsel for the appellant that the conviction is not being

    challenged, the findings of guilt recorded by the learned trial court

    are affirmed and need no further interference in appellate

    jurisdiction.

    5.2. The only question that arises for determination is with

    respect to the proportionality and adequacy of the sentence

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    imposed upon the surviving appellant. It is an admitted position

    that the incident in question pertains to the year 1994, i.e., more

    than three decades have elapsed since the occurrence. The

    appellant has thus endured the protracted rigours of criminal

    proceedings for an inordinately long duration.

    5.3. It has further been brought on record that the appellant has

    already undergone more than fifteen days of custodial sentence

    out of the total sentence imposed. There is no material to suggest

    any subsequent criminal conduct or misuse of liberty during the

    intervening period.

    5.4. Sentencing, in its true import, is not to be construed as an

    instrument of mere retribution, but as a calibrated exercise in

    balancing the gravity of the offence with mitigating circumstances,

    including the passage of time, socio-economic background, and

    the conduct of the accused.

    5.5. In the present case, considering the antiquity of the incident,

    the limited nature of the sentence imposed, and the fact that the

    appellant has already undergone a part of the sentence, this Court

    is of the considered opinion that directing the appellant to undergo

    the remaining sentence at this belated stage would neither

    advance the cause of justice nor serve any meaningful penal

    objective. On the contrary, it would result in avoidable hardship

    and would be disproportionate in the factual conspectus of the

    case.

    5.6. Accordingly, this Court is inclined to extend the benefit of

    modification of sentence to the appellant by restricting the same

    to the period already undergone.

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    6. Consequently, the appeal is partly allowed. The appeal qua

    appellant No.1 stands abated. The judgment of conviction dated

    16.07.1996 passed by the learned Special Judge SC/ST

    (Prevention of Atrocities) Cases cum Addl. Sessions Judge,

    Bikaner, in Criminal Case No.70/1994, is hereby affirmed and

    maintained. However, the sentence of imprisonment imposed upon

    the appellant No.2 is modified and reduced to the period already

    undergone by her. The fine amounts, as imposed by the learned

    trial Court, shall remain unaltered and shall be deposited by the

    appellant before the learned trial Court within a period of ninety

    (90) days from the date of this judgment, if not already deposited.

    7. The record be remitted forthwith, and a copy of this

    judgment be transmitted to the learned trial Court concerned

    expeditiously, for information and necessary compliance.

    (FARJAND ALI),J
    46-Mamta/-

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