Navin Sinha,J. - (1.) The present appeals arise from judgment dated 20.1.1988 by the Sessions judge, jalore in Sessions Trial No. 11/1987 and Sessions Trial No. 15/1987 convicting the Appellants in Criminal Appeal No.130/1988 under Section 302/34 IPC to life imprisonment with fine and default stipulation. Criminal Appeal No.266/1988 has been preferred by the State questioning the acquittal of the other four accused Respondents as not sustainable in law.
(2.) The Appellants in Criminal Appeal No.130/1988 appear to have been enlarged on bail soon after institution of their appeals. The order-sheet is not very clear with regard to the exact date. The name of the Counsel for the Appellants and the acquitted accused appears in the cause list but there is no representation on their behalf. Considering that the appeals are very old of the year 1988, we were not inclined to adjourn the matter or issue notice to the parties, much less issue any notice for cancellation of bail to the Appellants in Criminal Appeal No.130/1988 in view of the observations in (2014) 14 SCC 222 Surya Baksh Singh v. State of Uttar Pradesh as follows:- "25. The enunciation of the inherent powers of the High Court in exercise of its criminal jurisdiction already articulated by this Court on several occasions motivates us to press Section 482 into operation. We reiterate that there is an alarming and sinister increase in instances where convicts have filed appeals apparently with a view to circumvent and escape undergoing the sentences awarded against them. The routine is to file an appeal, apply and get enlarged on bail or get exempted from surrender, and thereafter wilfully to become untraceable or unresponsive. It is the bounden duty cast upon the Judge not merely to ensure that an innocent person is not punished but equally not to become a mute spectator to the spectacle of the convict circumventing his conviction. See Stirland v. Director of Public Prosecutions quoted with approval by Arijit Pasayat, J. in State of Punjab v. Karnail Singh If the court is derelict in doing its duty, the social fabric will be rent asunder and anarchy will rule everywhere. It is, therefore, imperative to put an end to such practise by the expeditious disposal of appeals. The inherent powers of the High Court, poignantly preserved in Section 482 CrPC, can also be pressed into service but with care, caution and circumspection. "
(3.) We therefore requested the State Counsel to assist us so that both the appeals could be taken up together for consideration. Learned State Counsel has meticulously taken us through the FIR, the post mortem report, the inquest report, Exhibits etc., as also the police statement of PW-1, Babulal, the son of the deceased Smt. Chouthi recorded after the FIR and subsequently when other accused not charge-sheeted were summoned by the Court under Section 319 Cr.P.C. We have also been taken through the Court statement of PW1-Babulal again at both stages, as also the Court statement of PW-2,Thakra Ram, brother of PW-1, Babulal. Our attention has also been invited to the discussion in the judgment under appeal acquitting four of the accused on benefit of doubt and the reasoning for the same. We therefore now take up the appeals for consideration on merits.;