Rajasthan High Court - Jodhpur
Dungar Singh vs State Of Rajasthan on 5 March, 2022
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 706/2021
Gaffur Khan S/o Sh. Rimmu Khan, Aged About 36 Years, R/o
Jawaharpura, Tehsil Pachpadra, District Barmer. (Confined In
Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Bhagirath Ray Bishnoi
For Respondent(s) : Mr. R.R. Chhaparwal, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
05/03/2022
The instant application for suspension of sentences under
Section 389 Cr.P.C. has been preferred by appellant-applicant
Gaffur Khan who has been convicted and sentenced for the
offences under Sections 302 and 201 of the IPC vide judgment
dated 19.08.2021 passed by learned Sessions Judge, Balotra in
Sessions Case No.43/2015. He has filed the instant application
under Section 389 Cr.P.C. seeking suspension of sentences and
release on bail during pendency of the appeal.
We have heard and considered the submissions advanced by
Shri Bhagirath Ray Bishnoi, learned counsel representing the
appellant and learned Public Prosecutor and have gone through
the impugned judgment and the record.
(2 of 3) [SOSA-706/2021]
Shri Bishnoi vehemently and fervently urged that there is no
evidence worth the name on record of the case to connect the
appellant with the murder of his wife Smt. Nimaji. The prosecution
case is totally based on circumstantial evidence. However, none of
the prosecution witnesses has given convincing evidence so as to
connect the appellant with the alleged crime. The deceased, as a
matter of fact, fell into water tank and died by drowning. The case
has been given a false colour of murder because of ill-will and
animosity. He further urged that the FIR was lodged after a gross
delay. He further contended that the appellant is in custody for the
last nearly seven years. Hearing of the appeal is likely to consume
time. On these grounds, Shri Bishnoi implored the Court to accept
the application for suspension of sentences and direct release of
the appellant on bail.
Per contra, learned Public Prosecutor vehemently and
fervently opposed the submissions advanced by the appellant's
counsel and pointed out that the story which has been put-forth
by the defence regarding Smt. Nimaji having drowned in the
Tanka is totally fabricated. A perusal of the photographs (Ex.P/13
to Ex.P./16) would clearly indicate that there were no marks of
drowning on the dead body. The hair of the deceased were totally
dry. The clothes do not look as if they had been drenched. He
further pointed out that as per the postmortem report and the
evidence of medical jurist, the victim was strangulated to death.
The appellant has made an extra-judicial confession in presence of
the first informant and other witnesses, which fact has clearly
been narrated in the FIR (Ex.P/1), which was lodged on the very
next day after the incident.
(3 of 3) [SOSA-706/2021]
Having heard and considered the submissions advanced by
Shri Bishnoi, counsel representing the appellant and learned Public
Prosecutor and after going through the record, we are of the view
that the prosecution has led strong evidence before the trial court
in form of incriminating circumstances viz. extra-judicial
confession, postmortem report and the unnatural conduct of the
accused for proving his guilt. Whether or not the circumstances
constitute an unimpeachable unbroken links forming a complete
chain of circumstances would be for this Court to consider when
the appeal is being finally decided, however, the fact remains that
the victim was found murdered in her matrimonial household and
no timely information was given to her maternal family members.
In this background, we are of the opinion that the appellant
does not deserve indulgence of bail in this appeal.
Accordingly, the application for suspension of sentences is
dismissed as being devoid of merit.
The appeal shall be listed for hearing in the appropriate order
of priority.
(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J
19-Sudhir Asopa/-
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