Hansraj Gurjar Son Of Shri Kalyan ... vs State Of Rajasthan
2021 Latest Caselaw 4125 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                   D.B. Criminal Appeal No. 58/2021

1.     Hansraj Gurjar Son Of Shri Kalyan Sahai Gurjar, R/o Badh
       Ki Dhani Tan Goi, Police Station Lalsot, District Dausa
       (Raj)(Presently Confined In District Jail Dausa)
2.     Ghanshyam Son Of Shri Hansraj Gurjar, Resident Of Badh
       Ki Dhani Tan Gol, Police Station Lalsot, District Dausa
       (Raj)(Presently Confined In District Jail Dausa)
                                                                  ----Appellants
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent

For Appellant(s)          :     Mr. Anil Kumar Upman
For Respondent(s)         :     Ms. Rekha Madnani, AGA
                                Mr. Rajesh Kumar Meena



           HON'BLE MR. JUSTICE SANDEEP MEHTA
          HON'BLE MR. JUSTICE RAMESHWAR VYAS

                                 Judgment

27/08/2021

Heard learned counsel representing the appellant, learned

Addl. Government Advocate and learned counsel representing the

complainant and perused the material available on record.

Learned counsel Shri Upman, vehemently and fervently

urges that the so called eye-witnesses were not present at the

spot. The accused Hansraj was alleged to be armed with an axe

and Ghanshyam was alleged to be armed with a Gandasi. The

place of incident is within the possession of the accused party. The

accused Ghanshyam did not inflict the fatal injury to the deceased.

He thus urges that the accused Ghanshaym deserves indulgence

of bail during pendecy of the appeal.

(2 of 2) [CRLAD-58/2021]

On the contrary, learned Addl. Government Advocate drawn

the Court's attention to the evidence of the eye-witness Lakhan @

Kali (PW-2), who categorically stated that the accused Hansraj

gave an axe blow whereas the accused Ghanshyam gave a

Gandasi blow on the head of the deceased.

As per the statement of the Medical Jurist Dr. Bhagwan

Sahay (PW-23), Two stitched wounds were noted on the head of

the deceased and haematomas were found underneath both the

injuries.

Thus, We are of the opinion that at this stage, it would not

be prudent to differentiate between the case of the accused

persons. There is a pertinent allegation of the eye-witness

regarding both the accused having inflicting sharp injuries on the

head of the deceased which fact is corroborated by the Medical

Jurist. Thus, we are not inclined to suspend the sentences

awarded to the appellants by the trial court.

Accordingly, the application for suspension of sentences is

rejected as being devoid of merit. None of the observation made

hereinabove shall prejudice the decision of the appeal.

                                   (RAMESHWAR VYAS),J                                               (SANDEEP MEHTA),J

                                   Devesh/Sandeep Rawat/17









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