Dismissed

State v. Rana Ram and Anr.

Rajasthan HC13 Apr 2017CRLA/36/2017

Case brief

AI extract

What is this about?

The Rajasthan High Court dismissed the State of Rajasthan's criminal appeal against a judgment of the Additional Sessions Judge. The transaction court convicted the respondents but granted probation instead of sentence and directed fine payment. The High Court found meritless the state's grievance regarding the grant of probation.

What did the court decide?

The criminal appeal filed by the State of Rajasthan was dismissed thereby upholding the trial court's order of probation.

State Vs Rana Ram and Anr. — Murder and Culpable Homicide | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 36 / 2017

State of Rajasthan

----Appellant

Versus

Rana Ram S/o Devaji, Ghachira Ps Sindhari Ps Sindhari Barmer At Present Rangala Ps Bagoda Distt. Jalore

¶7

Peera Ram S/o Rana Ram, Ghachira Ps Sindhari Ps Sindhari Barmer At Present Rangala Ps Bagoda Distt. Jalore

¶8

----Respondents

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For Appellant(s) : Mr. J.P. Bhardwaj, PP

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For Respondent(s) : Mr. Shyam S Khatri

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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13/04/2017

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This criminal appeal is preferred by the State being aggrieved with the judgment dated 01.09.2016 passed by the Additional Sessions Judge, Bhinmal, Jalore (for short ‘the trial court’ hereinafter) in Sessions Case No.40/2013 whereby the trial court has convicted the accused respondents for the offences punishable under Sections 323, 325, 323/34 and 325/34, however instead of sentencing them, has granted benefit of probation. The trial court has also directed the accused respondent to deposit a fine of Rs.15000/- each and ordered that the said fine amount be paid to the injured Veerma Ram.

¶15

Vide impugned judgment the trial court has acquitted the accused respondents from the offences punishable under Sections 447, 307, 307/34 IPC, however, the State has not challenged the

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(2 of 2)

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said acquittal of the accused respondents and has filed this appeal essentially with the grievance that the trial court has wrongly granted benefit of probation to the accused respondents and it is a fit case where the appropriate sentence be awarded to the accused respondents.

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After hearing learned Public Prosecutor I do not find any merit in this appeal as the trial court has taken into consideration the fact that it is first criminal case against the accused respondents and they have not been previously convicted. The trial court has considered the old age of the accused respondent Rana Ram and has also taken into consideration the fact that he ramained in custody during the trial for about 5 months and another accused Peera Ram remained in custody for about 4 months. The trial court has further observed that the accused respondent are agriculturists and poor persons and the complainant and the accused respondents belong to the same family.

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Having considered the reasons given by the trial court for granting benefit of probation to the accused respondents, I do not find any illegality in the same.

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Hence, there is no force in this criminal appeal and the same is hereby dismissed.

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(VIJAY BISHNOI)J.

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Gaurav

State v. Rana Ram and Anr.

Case brief

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What did the court decide?

State v. Rana Ram and Anr.

Case brief

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