- (1.) This appeal was filed by the eleven appellants named in the title of this judgment against the judgment dated 29.04.2010 passed by the Additional Sessions Judge (Fast Track) No.2, Bikaner in Sessions Case No.116/2003 titled as State of Rajasthan V/s Rameshwar Lal & Ors. The said court had convicted and sentenced the appellants as follows:- JUDGEMENT_174_LAWS(RAJ)9_2014.html
(2.) The appellant Rameshwar Lal is said to be in Jail since the date of his arrest i.e. 09.04.2002 but four times he was granted interim bail totaling to 42 days in all. Other remaining ten appellants were on bail during the trial but they are also said to be in Jail since the date of judgment of the trial court viz 29.04.2010. The substance of the arguments on behalf of the appellants is to the effect that if the acquittal is not justifiable even then at the most a case of section 304 Part-I of IPC may be made out against the accused-appellant Rameshwar Lal and other appellants may be punished at the most for their individual acts because no common object to cause death of Shanker Lal is on record against them and so it has been prayed that all the appellants be released on undergone sentence by converting their convictions from the charges of section 302 IPC or 302/149 IPC to other sections of IPC as may be made out from the evidence led by the parties in the case.
(3.) The appellants rely upon the following three judgments of the Hon'ble Apex Court:- (1)Criminal Appeal No.885/2007 State of Rajasthan V/s Manoj Kumar decided by the Apex Court on 11.04.2014. (2)Criminal Appeal No.2114/2009 Ram Pal Singh V/s State of U.P. Decided by the Apex Court on 24.07.2012. (3)Criminal Appeal No.1695/2005 Manjeet Singh V/s State of Himachal Pradesh decided by the Apex Court on 25.04.2014.;