Dalip Singh S/O Sharvan Singh vs State Of Rajasthan
2022 Latest Caselaw 7116 Raj/2

            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        BENCH AT JAIPUR

     D. B. Criminal Misc. Bail application For Suspension of Sentence No.
                                  1214/2022

                                          IN

                     D.B. Criminal Appeal No. 261/2022

Dalip Singh S/o Sharvan Singh, Resident Of Juliasir Police Station
Nechwa District Sikar (Rajasthan) (Presently Lodged In Central Jail At
Bikaner)
                                                                      ----Appellant
                                       Versus
State Of Rajasthan, Through Public Prosecutor
                                                                    ----Respondent

For Appellant(s) : Mr. Vijay Kumar Gupta, Adv. For Respondent(s) : Mr. Atul Sharma, Dy. G. A.

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE SAMEER JAIN

Order

09/11/2022

1. Accused-appellant has preferred this application for

suspension of sentence.

2. Heard on application for suspension of sentence.

3. It is contended by learned counsel for the appellant that

initially FIR was registered against seven persons. However, charge-

sheet was filed against three persons, the present appellant, his father

and mother.

4. It is contended that the court has convicted the appellant

and his father and mother for offence under Section 498A of IPC and

has acquitted his parents for offence under Section 302 read with

Section 34 of IPC. However, present appellant has been convicted for

offence under Section 302 IPC.

(2 of 3) [SOSA-1214/2022]

5. It is contended that the charge was framed against the

present appellant for offence under Section 302 read with Section 34 of

IPC. However, conviction has been made under Section 302 IPC.

Learned counsel for the appellant has placed reliance on

Chintambaramma (Smt.) & Anr. Vs. State of Karnataka: 2019

Cr.L.R. (SC) 956, wherein Apex Court has held that if the charge has

been framed under Section 302 read with Section 34 IPC and no charge

is framed under Section 302 IPC, the conviction causes not only

prejudice but also tantamount to failure of justice.

6. It is also contended that the only allegation against the

appellant is of recovery of blood-stained, Axe, the FSL report of which

was found to be inconclusive. It is further contended that the recovery

is doubtful as information under Section 27 of Indian Evidence Act was

taken thrice and no recovery was effected in the first two informations,

which fact was produced by the accused in defence. It is contended

that appellant was on bail during trial.

7. Learned Deputy Government Advocate has opposed the

application. It is contended that appellant is husband of the deceased

and deceased was killed in the house and thus, the accused-appellant

alone was responsible for the alleged offence.

8. We have considered the contentions. Admittedly, the

charges were framed under Section 302 read with Section 34 of IPC.

However, conviction has been made under Section 302 of IPC.

9. Considering the judgment of Chintambaramma (Smt.) &

Anr. (supra) and also the fact that the accused appellant was on bail

during trial, the case is of circumstantial evidence, we deem it

appropriate to allow the application for suspension of sentence.

10. Accordingly, the suspension of sentence application is

allowed.

(3 of 3) [SOSA-1214/2022]

11. It is ordered that the sentence awarded to accused

appellant in Sessions Case No. (CIS) 78/2019 (97/2012) shall

remain suspended if the appellant furnishes a personal bond of

Rs.1,00,000/- and two sureties of Rs.50,000/- each to the

satisfaction of the learned trial Court to the effect that he shall

appear before this Court as and when called upon to do so.

                                    (SAMEER JAIN),J                                         (PANKAJ BHANDARI),J

                                   Pooja /26









Powered by TCPDF (www.tcpdf.org)