Dharamveer @ Dharma Ram vs State Of Rajasthan
2021 Latest Caselaw 18578 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Criminal Misc Suspension Of Sentence Application (Appeal)

No. 259/2021

Dharamveer @ Dharma Ram S/o Ram Karan, Aged About 34

Years, B/c Jat, R/o R/o Nyangal Badi, Teh. Rajgarh, Dist. Churu.

(Lodged At Central Jail, Bikaner).

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. J.S. Choudhary, Sr. Advocate assisted by Mr. Pradeep Choudhary

For Respondent(s) : Mr. R.R. Chhaparwal, PP

Mr. Mridul Jain, Mr. Bhagat Dadhich for complainant

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Judgment / Order

07/12/2021

Heard learned counsel for the parties and perused the

impugned order.

Learned counsel for the appellant has submitted that the trial

court has convicted the appellant for the offence under Section

(2 of 4) [SOSA-259/2021]

302 IPC and sentenced him for life imprisonment along with a fine

of Rs.30,000/-, in default of payment of fine to further undergo

three months' rigorous imprisonment. It is argued that the trial

court has convicted the appellant while relying on the evidence of

Rajesh Kumar (PW-1) and Rohtash Kumar (PW-2), who are the

real son and near relative of the deceased respectively. Learned

counsel has argued that the evidence of the aforesaid witnesses is

not believable as their presence on the scene of crime is highly

doubtful. Learned counsel for the appellant while inviting attention

of this Court towards the statement of Rohtash Kumar (PW-2) has

argued that as per the said witness, the appellant hit the deceased

by a bolero, however, he did not try to save the deceased and also

did not take him to the hospital simply by saying that the

deceased died on the spot. It is also submitted that from the

statement of Rohtash Kumar (PW-2), it is clear that he is not

stating the true story. Learned counsel for the appellant has also

invited our attention to the site plan (Ex.P/6) and submitted that

from the said site plant, it is clear that there are no marks of

dragging or even the marks of tyres of the vehicle at the place of

incident. Learned counsel has, therefore, submitted that the trial

court has grossly erred in convicting and sentencing the appellant

and the prosecution has failed to prove the charges levelled

against the appellant beyond reasonable doubt.

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently opposed the application for

suspension of sentence.

(3 of 4) [SOSA-259/2021]

Having heard learned counsel for the parties, after carefully

scrutinizing the record of the trial court, particularly the

statements of Rajesh Kumar (PW-1), Rohtash Kumar (PW-2), site

plan (Ex.P/6), the statements of the I.O. namely Bhagwan Sahai

(PW-8) and keeping in view the fact that as the appellant is in

judicial custody from three and half years and hearing of the

appeal is likely to take time, without commenting on the merits of

the case, this Court is inclined to suspend the sentences awarded

to the appellant.

Accordingly, this application for suspension of sentences is

allowed and it is directed that the sentences awarded to appellants

- Dharamveer @ Dharma Ram S/o Ram Karan by the Addl.

Sessions Judge No.1, Rajgarh, Distt. Churu vide judgment dated

3.9.2020 in Sessions Case No.23/2018 shall remain suspended till

final disposal of the aforesaid appeal provided he executes a

personal bond for a sum of Rs.50,000/- along with two solvent

sureties in the sum of Rs.25,000/- each to the satisfaction of the

learned trial court for his appearance before this Court on

24.1.2022 and whenever called upon to do so till the disposal of

the appeal on the conditions indicated below:-

(1) That he/she/they will appear before the trial court in the month of January of every year till the appeal is decided.

(2) That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial court as well as to the counsel in the High Court.

(3) Similarly, if the sureties change their address(s), they will give in writing their changed address(s) to the trial court.

(4 of 4) [SOSA-259/2021]

The learned trial court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused-applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

(ANOOP KUMAR DHAND),J (VIJAY BISHNOI),J

51-nidhi/-

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