Rajasthan High Court - Jodhpur
Ashok Kumar vs State Of Rajasthan ... on 7 December, 2023
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
[2023:RJ-JD:42631-DB] (1 of 4) [SOSA-1032/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1032/2023
Ashok Kumar S/o Bholaram, Aged About 28 Years, Nadol, P.s.
Rani, Dist. Pali (Raj.). (Presently Lodged In Central Jail Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. B.R. Godara
For Respondent(s) : Mr. R.R. Chhaparwal, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
07/12/2023
Heard learned counsel for the parties on the application for
suspension of sentence.
The instant application for suspension of sentence has been
preferred by the appellant-applicant, who has been convicted and
sentenced by the Additional Sessions Judge, Desuri, District Pali
vide judgment dated 2.8.2023 in Sessions Case No.23/2020
(81/2016). The appellant-applicant has been sentenced as
under :-
Offence U/s Sentence Fine Sentence in default
of payment of fine
302 IPC Life Rs.10,000/- Two Years' Additional
Imprisonment R.I.
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Learned counsel for the appellant-applicant has argued that
the trial court has grossly erred in convicting and sentencing the
appellant-applicant vide judgment impugned. It is submitted that
the prosecution has failed to prove that the appellant-applicant
has committed murder of his mother. Learned counsel has
submitted that as per the prosecution story, appellant-applicant
was annoyed with his mother because she was in an illicit
relationship with some other person and after hearing recording of
conversation of his mother and the other person, he got annoyed
and committed murder of his mother.
Learned counsel has submitted that the so called
conversation (Exhibit P/30 and P/31) has not been relied upon by
the trial court. It is also submitted that there is no eye witness of
the incident and the trial court, while relying on the circumstantial
evidence, has passed the impugned judgment. Learned counsel
has submitted that the circumstantial evidence is so weak that the
same cannot be relied upon for convicting and sentencing the
appellant-applicant. It is also submitted that the prosecution
witnesses have not supported the prosecution story and turned
hostile.
Learned counsel for the appellant-applicant, while inviting
attention of this Court towards the statement of Smt. Gheesi Devi
(PW-2), who is the grandmother of the appellant-applicant, has
submitted that she has specifically stated that the appellant-
applicant was not residing with his mother. It is also submitted
that the recovery of blood smeared clothes from the appellant-
[2023:RJ-JD:42631-DB] (3 of 4) [SOSA-1032/2023]
applicant is also doubtful as the recovery witness did not support
the prosecution story. Learned counsel has further submitted that
the appellant-applicant is in jail from more than seven years and
hearing of the appeal is likely to take time. It is, thus, prayed that
the sentence awarded to the appellant-applicant by the trial court
may be suspended.
Per contra, learned Public Prosecutor has opposed this
application for suspension of sentence.
Taking into consideration the overall facts and circumstances
of the case; keeping in view the fact that the trial court has
discarded the story of the prosecution, whereby it has tried to
derive the motive of the appellant-applicant to kill his mother;
taking into consideration the fact that the witness of recovery of
blood smeared clothes from the appellant-applicant did not
support the prosecution story and without expressing any opinion
on the merits of the case, we are inclined to suspend the sentence
awarded to the appellant-applicant.
Accordingly, this application for suspension of sentence filed
under Sec.389 Cr.P.C. is allowed and it is ordered that the
sentence passed by the Additional Sessions Judge, Desuri, District
Pali vide judgment dated 2.8.2023 in Sessions Case No.23/2020
(81/2016) against appellant-applicant - Ashok Kumar S/o
Bholaram shall remain suspended till final disposal of the appeal,
provided he executes a personal bond in the sum of Rs.50,000/-
along with two sureties of Rs.25,000/- each to the satisfaction of
the learned trial Judge for his appearance in this Court on
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17.1.2024 and whenever ordered to do so till the disposal of the
appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial Court
in the month of January of every year till the
appeal is decided.
2. That if the appellant(s) change(s) the place of
residence, he/she/they will give in writing
his/her/their changed address to the trial Court as
well as to the counsel in the High Court.
3. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
The learned trial Court shall keep the record of attendance of
the accused-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
appellant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused-appellant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MUNNURI LAXMAN),J (VIJAY BISHNOI),J
44-BhumikaP/-
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