Thavra @ Thavar Chand vs State Of Rajasthan
2022 Latest Caselaw 13310 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 502/2022

Thavra @ Thavar Chand S/o Nagji, Aged About 40 Years, R/o Kataro Ki Bhain, P.s. Pipalkhund, District Pratapgarh. (At Present Lodged In District Jail, Pratapgarh)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Amitabh Acharya For Respondent(s) : Mr. RR Chhaparwal, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE FARJAND ALI

Order

11/11/2022

Heard learned counsel for the parties on the application for

suspension of sentence.

The instant application for suspension of sentence has been

preferred on behalf of the appellant-applicant, who has been

convicted and sentenced by the learned Sessions Judge,

Pratapgarh vide judgment dated 29.01.2021 in Sessions Case

No.46/2019 (30/2014). The appellant-applicant has been

sentenced as under :-

Offence U/s         Sentence                 Fine                  Sentence      in
                                                                   default       of
                                                                   payment of fine
148 IPC             03 Years' R.I.           Rs.1,000/-            2 months' S.I.
341 IPC             1 month's S.I.           Rs.500/-              7 days' S.I.
302/149 IPC         Imprisonment of Rs.10,000/-                    1 year's S.I.
                    Life


                                         (2 of 3)                  [SOSA-502/2022]


307/149 IPC      10 years' R.I.            Rs.5000/-            Six    months'
                                                                S.I.

Learned counsel for the appellant-applicant has submitted

that the learned trial court has grossly erred in convicting and

sentencing the appellant-applicant vide impugned judgment. It is

argued that no specific role has been assigned to the appellant-

applicant. It is also submitted that the recovery of a lathi at the

instance of the appellant-applicant is also doubtful. It is further

submitted that in the absence of specific role assigning to the

appellant-applicant, learned trial court has erred in holding that he

was the member of unlawful assembly and attacked on the

complainant party with an intention to commit murder of the

members of the complainant party. It is also submitted that the

appellant-applicant is in jail from the last nine years and as

hearing of the appeal filed by him against the impugned judgment

is likely to take time, his sentence awarded by the trial court may

be suspended.

Per contra, learned Public Prosecutor has opposed the

application for suspension of sentence and argued that the

appellant-applicant was the member of unlawful assembly, which

intentionally attacked on the complainant-party, in which, three

persons have been murdered. It is also submitted that taking into

consideration the injuries on the body of the deceased persons as

well as the injured, it is clear that all the members of unlawful

assembly attacked on the complainant party with an intention to

kill its members. Learned Public Prosecutor has, therefore, argued

(3 of 3) [SOSA-502/2022]

that the sentence awarded to the appellant-applicant may not be

suspended.

Having heard learned counsel for the parties; after carefully

scrutinizing the record, particularly taking into consideration the

fact that three persons of the complainant party have been

murdered and the injured persons had received multiple numbers

of injuries, without expressing any opinion on the merits of the

case, we are not inclined to grant the instant application for

suspension of sentence.

Hence, the application for suspension of sentence is hereby

dismissed.

                                   (FARJAND ALI),J                                          (VIJAY BISHNOI),J
                                    21-mohit/-









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