Chetram Son Of Parasram vs State Of Rajasthan
2023 Latest Caselaw 2215 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

          D.B. Criminal Misc.2nd Bail (SOSA) no.598/2022
                                       In
                 D.B. Criminal Appeal No. 414/2019
Chetram S/o Parasram, Aged About 28 Years, R/o Moti Nagar,
Police Station Hindaun City, Distt. Karauli Raj. (previously
Confined In Central Jail At Bharatpur but later on transfer to
Open Air Camp, Alwar)
                                                                 ----Appellants
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Appellant(s) : Mr. Dheeraj Singhal, Adv.

For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order

17/02/2023

This 2nd suspension of sentence application has been filed by

the appellant under Section 389 Cr.P.C. against the judgment

dated 30.09.2019 passed by Additional District & Sessions Judge

No.2, Hindaun City, District Karauli in Sessions Case No.17/2016,

whereby the accused appellant has been convicted for the

offences under Sections 323/34, 341, 302 of IPC and sentenced as

under:

U/s 323/34 IPC Six months simple imprisonment with a fine of Rs.500/-; in default of payment of fine to further undergo 10 days simple imprisonment U/s 341 IPC One month simple imprisonment with a fine of Rs.200/-; in default of payment of fine to further undergo 4 days simple imprisonment

U/s 302 IPC Life imprisonment with a fine of Rs.10,000/-

in default of payment of fine to further undergo one year rigorous imprisonment.

(2 of 2) [SOSA-598/2022]

Learned counsel for the appellant submits that appellant has

been wrongly convicted by the trial court. Learned counsel for the

appellant also submits that appellant is behind the bars since

26.06.2014. First suspension of sentence application filed by the

appellant was dismissed as withdrawn. Co-accused Smt Keshar

has been enlarged on bail by this Court vide order dated

01.07.2020. Learned counsel for the appellant also submits that

appellant and co-accused Smt. Keshar had also received injury.

Prosecution has failed to submit any explanation regarding injuries

received by the appellant. So, sentence of the appellant may be

suspended and he be enlarged on bail.

Learned Public Prosecutor has opposed the arguments

advanced by learned counsel for the appellant and submits that

the appellant had inflicted injury by iron rod to deceased Puran

and as per the postmortem report, Puran died due to injury

inflicted by the appellant. So, suspension of sentence application

filed by the appellant be dismissed.

We have considered the arguments advanced by learned

counsel for the appellant as well as learned Public Prosecutor.

Taking into consideration, the facts and circumstances of the

case are that appellant had inflicted fatal injury to deceased Puran

and due to which Puran died. We do not consider it a fit case to

suspend the sentence of the appellant.

The 2nd Suspension of Sentence Application field by the

appellant stands dismissed accordingly.

(CHANDRA KUMAR SONGARA),J (NARENDRA SINGH DHADDHA),J Jatin /-10

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