Supreme Court – Daily Orders
Ram Chandra vs The State Of Rajasthan on 16 January, 2025
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 87 OF 2022
RAM CHANDRA APPELLANT(S)
VERSUS
THE STATE OF RAJASTHAN RESPONDENT(S)
WITH
CRIMINAL APPEAL NO. 713 OF 2022
MOTYA & ANR. APPELLANT(S)
VERSUS
THE STATE OF RAJASTHAN RESPONDENT(S)
O R D E R
Crl.A.87/2022
1. We are informed that the appellant herein who stood
convicted for the offence punishable under section 304 Part-
II of the IPC passed away during the pendency of this
appeal. The appeal has, therefore, abated. The same is
disposed of accordingly.
Crl.A.713 of 2022
1. None present on behalf of the appellants when the matter
Signature Not Verified
was taken up for final hearing.
Digitally signed by
RAJNI MUKHI
Date: 2025.01.17
18:41:23 IST
Reason: 2. We have heard Mr. Hemendra Jailiya, learned counsel
appearing for the respondent-State.
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3. This appeal arises from the judgment and order passed by
the High Court of Judicature for Rajasthan at Jaipur dated
10.02.2020 in D.B. Crl.A. 518/1981 by which the High Court
partly allowed the appeal and held the appellants herein
guilty of the offence punishable under section 304 Part-II
of the IPC and sentenced them to undergo seven years of
rigorous imprisonment with fine. The operative part of the
impugned judgment passed by the High Court reads thus :
“……..Accoridngly, appellants-Kedar, Motya and Ram
Chandra are acquitted of the charge framed against them
under Section 302/149 IPC, but are held guilty of
offence punishable under Section 304 Part II IPC read
with Section 149 IPC and are convicted thereunder.
Appellants-Kedar, Motya and Ram Chandra are sentenced
to undergo rigorous imprisonment for seven years with
fine of Rs.10,000/- each. In default of payment of
fine, they shall further undergo rigorous imprisonment
for three months. Conviction and sentence of the
appellants-Kedar and Ram Chandra as ordered by the
Trial Court under Sections 148 and 323/149 IPC are
upheld. Sentence of the appellant-Kedar under Section
325 and of appellant-Ram Chandra and Motya under
Section 325/149 as ordered by the Trial Court are set
aside as they have been convicted and sentenced under
Section 304 Part II, IPC.”
4.We take notice of the fact that the incident is of the
year 1979. The Trial Court held the appellant and the other
co-accused guilty of the offence of murder some time in the
year 1981. The appeal filed in the High Court in the year
1981 came to be decided in 2020.
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5. Mr. Hemendra Jailiya, learned counsel appearing for the
respondent-State very fairly submitted that the appellant No.1,
namely, Motya is a lady convict and as on date she must be in her
sixties and the appellant No.2, namely, Kedar also must be in his
sixties. They have undergone around two years of imprisonment.
6. Having regard to the fact that the incident had occurred
almost 45 years back and the conviction is for culpable homicide
not amounting to murder, while maintaining the conviction, we
reduce the sentence to the period already undergone.
7. The appeal stands allowed in part.
………………………………………………J.
[J.B. PARDIWALA]
………………………………………………J.
[R. MAHADEVAN]
NEW DELHI.
JANUARY 16, 2025.
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ITEM NO.108 COURT NO.14 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 87/2022
RAM CHANDRA Appellant(s)
VERSUS
THE STATE OF RAJASTHAN Respondent(s)
(FOR ADMISSION and I.R.)
WITH
Crl.A. No. 713/2022 (II)
(FOR ADMISSION and I.R.)
Date : 16-01-2025 These appeals were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE J.B. PARDIWALA
HON’BLE MR. JUSTICE R. MAHADEVAN
For Appellant(s) : Mr. Rajat Gupta, Adv.
Mr. Anuj Bhandari, AOR
Ms. Manju Jetley, AOR
For Respondent(s) :Mr. Hemendra Jailiya, Adv.
Mr. Milind Kumar, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. Crl.A. No. 87/2022 is disposed of and Crl.A. No. 713/2022
stands allowed in terms of signed order.
2. Pending application(s) shall stand disposed of.
(RAJNI MUKHI) (POOJA SHARMA) COURT MASTER (SH) COURT MASTER (NSH)
(Signed order is placed on the file)
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