Judicature For Rajasthan Bench High Court · 2012

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ HON'BLE DR. JUSTICE MRS. MEENA V GOMBER Shri Rajesh Goswami for the applicant-appellant. Shri J.R. Bijarniya, PP for State. Shri Biri Singh Sinsinwar, Sr. Advocate with) Shri Rajesh Choudhary ) for the complainant. ****** Heard learned counsel for the appellant on application for suspension of sentence of the appellant. Contention of the learned counsel for the appellant is that originally when the FIR was registered and the statement of prosecution witnesses recorded under Section 161 Cr.P.C. by the police on the same day or the next day of incident, no allegation was made that accused-appellant instigated co-accused Ramkesh to overrun the tractor on the body of the deceased Ram Swaroop. Such version for the first time was introduced in the statement of Ramavtar given to police under Section 161 Cr.P.C. (Ex.D3) which statement was recorded more than three weeks after the date of incident on 21.10.2008, whereas the incident has taken place on 27.9.2008. The charge against the accused- appellant was framed u/s.302 read with Section 149 of IPC, whereas all other five accused have been acquitted and appellant alone has been convicted, not for the substantive offence u/s.302 of IPC, but for offence u/s.302 read with Section 109 IPC, whereas the evidence of abatement has for the first time figured in the statement of prosecution witnesses in the Court. The accused-appellant was on bail during trial. 2 Learned Public Prosecutor as well as learned counsel for the complainant have opposed the application for suspension of sentence. Taking into consideration all the facts and circumstances of the case and without expressing any opinion on the merits of the case, we are inclined to suspend the sentence awarded to the accused appellant during pendency of the appeal. Accordingly the application for suspension of sentence is allowed. It is ordered that the sentence awarded by the learned trial court to the accused appellant Chhuttan S/o Jhandu Ram Meena in Sessions Case No.10/2009, shall remain suspended till the final disposal of the appeal; provided he executes a personal bond in the sum of Rs.50,000/- along with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial court for his appearance in this Court on 21.01.2013 and whenever called upon to do so. (DR.MEENA V GOMBER),J. (MOHAMMAD RAFIQ), J. RS/16 All corrections made in the judgement/order have been incorporated in the judgement/order being emailed. (Ravi Sharma,P.A.)