Sunil Kumar vs State
2021 Latest Caselaw 9615 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

..

D.B. Criminal Appeal No. 2/2019.

Sunil Kumar S/o Late Shri Shanti Lal Soni, Aged About 23 Years, Resident Of Sadar Bazar, Abu Road. (At Present Lodged In Central Jail, Jodhpur)

----Appellant Versus State of Rajasthan through PP

----Respondent

For Appellant(s) : Mr. Suresh Kumbhat through VC For Respondent(s) : Mr. Farzand Ali, GA-cum-AAG and Mr. B.R. Bishnoi, AGC.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

28/05/2021

The judgment has been pronounced in the open Court today through VC.

The instant appeal deserves to be and is hereby partly allowed. The impugned judgment dated 30.11.2018 passed by the learned Additional Sessions Judge No.2, Abu Road, District Sirohi in Sessions Case No. 65/2016 (12/2015) (CIS No. 12/2015) is hereby quashed and set aside upto the extent of offences punishable under Sections 302 & 201 IPC.

The accused-appellant is acquitted of both the charges. However, his conviction for the offence under Section 380 IPC and the sentence of five years and fine of

Rs. 10,000/- awarded to him on this count is maintained. It may be mentioned here that the appellant has already remained in prison from 05.11.2014 and thus, he has already served out the substantive sentence for the offence under Section 380 IPC. Thus, he shall be released from prison upon depositing fine imposed by the Trial Court and if not wanted in any other case.

The Trial Court is directed to equally divide seized ornaments among legal heirs of the deceased Rajendra, i.e., his two brothers and two sisters, if recovered ornaments cannot be distributed in four equal shares then, little higher share will be given to sister/sisters; and in case of any dispute, the concerned parties shall be at liberty to put forth their claim regarding distribution/possession over the seized ornaments before the competent Civil Court.

However, keeping in view the provisions of Section 437-A Cr.P.C., the appellant is directed to furnish a personal bond in the sum of Rs.40,000/- and a surety bond in the like amount before the learned Trial Court, which shall be effective for a period of six months to the effect that in the event of filing of a Special Leave Petition against the present judgment, on receipt of notice thereof, the appellant shall appear before the Supreme Court.

[SEE SEPARATE JUDGMENT FOR REASONS]

(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J

2-Mohan/-

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