Hanuman Son Of Late Shimbhu Dayal vs State Of Rajasthan ...
2023 Latest Caselaw 3427 Raj/2

[2023:RJ-JP:17579]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                         No. 566/2023
Hanuman Son Of Late Shimbhu Dayal, Resident Of Kaanpura, Loj
Tan Ajabpura Police Station Narayanpur District Alwar Rajasthan
(Presently Confined In Central Jail Alwar)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent

For Petitioner(s)         :     Mr. Vivek Gaur
For Respondent(s)         :     Mr. M.K. Sheoran, PP


          HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
                           Order

11/08/2023

Petitioner-Hanuman has preferred the criminal miscellaneous

second suspension of sentence application under Section 389

Cr.P.C. for suspending the sentence passed by learned Additional

Sessions Judge No.2, Alwar in sessions case No.20/2018 vide

judgment dated 15.11.2022, wherein accused-petitioner was

convicted under Sections 341, 323, 324, 326 & 307 of IPC and

was awarded sentence of ten years rigorous imprisonment under

Section 307 of IPC along with other Sections.

Learned counsel for the petitioner submits that accused has

been falsely implicated in the case and has been in custody from

last nine months, though other co-accused-Pinki Devi has already

been enlarged on bail vide order dated 25.01.2023. He further

submits that due to previous enmity petitioner and other

co-accused were involved in the case and complainant has falsely

implicated the accused-petitioner and other co-accused in the

aforesaid case. He further submits that statements of PW-3

Bhikaram, PW-2 Prem Devi, PW-4 Omprakash and PW-6 Shrawan

[2023:RJ-JP:17579] (2 of 2) [SOSA-566/2023]

Devi are not reliable and the learned trial court has wrongly

inferred that accused-petitioner has inflicted the injury to the

injured Bhikaram. He further submits that recovery of alleged axe

from the instance of accused- Hanuman is also in question. He

further alleged that the site plan prepared by the concerned

Investigating Officer is containing signature of another

Investigating Officer Ashok Kumar, the hearing of the case may

take considerable long time, therefore, the criminal misc. second

suspension of sentence application of the accused-petitioner may

be allowed.

Learned Public Prosecutor vehemently opposes the criminal

misc. second suspension of sentence application and submits that

PW-3 Bhikaram who is the main injured in his statement recorded

before the learned trial court has specifically alleged that accused-

Hanuman was having axe in his hand and he inflicted the injury on

his head, the version of PW-3 Bhikaram is corroborated by other

eye-witnesses namely PW-1 Dataram, PW-2 Prem Devi, PW-4

Omprakash and PW-6 Shrawan Devi. The injury sustained by

Hanuman is found to be dangerous to life and as a result of injury

parietal bone of injured was fractured.

Thus, looking to the facts and circumstance of the case, I do

not deem it just and proper to allow present criminal misc. second

suspension of sentence application filed under Section 389 Cr.P.C.

and the same is therefore, dismissed.

(PRAVEER BHATNAGAR),J

1-SURAJ KUMAR

Powered by TCPDF (www.tcpdf.org)