Lakhmaram @ Laxman Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 8911 Raj

[2023:RJ-JD:37031-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 898/2023

1. Lakhmaram @ Laxman Kumar S/o Shri Ramaram, Aged About 23 Years, R/o Jeerawal, Police Station Rodar, District Sirohi.

2. Karsan @ Krishan Kumar S/o Dhanaramji, Aged About 23 Years, R/o Jeerawal, Police Station Reodar, District Sirohi. (Lodged in District Jail Jodhpur)

----Applicants Versus State of Rajasthan through the Public Prosecutor

----Respondent

For Applicant(s) : Mr. Richin Surana For Respondent(s) : Mr. B.R. Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

01/11/2023

1. This suspension of sentence application has been preferred

on behalf of the applicant-appellants, who have been convicted

and sentenced by the Sessions Judge, Sirohi (hereinafter to be

referred as 'the trial court') in Sessions Case No.6/2019

(CIS No.6/2019) vide judgment dated 12.07.2023. The

applicant-applicants have been sentenced as under :-

 Offences         Sentence               Fine                       Sentence
     U/S                              (in Rs.)         (in default of payment
                                                               of fine)

302 IPC               Life             10,000/-           Additional 6 Months'
                 Imprisonment                             Simple Imprisonment



 [2023:RJ-JD:37031-DB]                   (2 of 4)                    [SOSA-898/2023]

2. Learned counsel for the applicant-appellants has submitted

that the trial court has grossly erred in convicting and sentencing

the applicant-appellants vide impugned judgment. It is argued

that the complainant viz. Ajaram (PW-1) and other eye witnesses

viz. Smt. Shanti Devi (PW-2), Smt. Kamu Devi (PW-3) and Smt.

Darmi (PW-4) have not supported the prosecution story and

turned hostile. It is submitted that all the witnesses in one voice

have deposed before the trial court that the injury on the body of

the deceased was caused on account of falling on stone and was

not caused on account of inflicting by the applicant-appellants. It

is also submitted that the trial court has convicted and sentenced

the applicant-appellants only on the basis of the recovery of the

stick (lathi) claiming that the same were bloodstained. It is argued

that the recovery of the stick (lathi) at the instance of the

applicant-appellants is also doubtful as the same was recovered

from the open place. It is further submitted that during trial, the

applicant-appellants were on bail and they did not misuse any

condition of the bail. It is also submitted that there is no likelihood

to early hearing of the appeal filed by the applicant-appellants,

therefore, the sentence awarded by the trial court to the

applicant-appellants may kindly be suspended.

3. Learned Public Prosecutor has opposed the prayer of the

applicant-appellants for suspending his sentence.

4. Heard learned counsel for the parties on suspension of

sentence application.

5. Having considered the totality of facts and circumstances of

the case and taking into consideration the fact that the accused

[2023:RJ-JD:37031-DB] (3 of 4) [SOSA-898/2023]

applicant-appellants were on bail during trial, we consider it just

and proper to suspend the substantive sentence awarded to the

accused appellants.

6. Accordingly, this suspension of sentence application filed

under Sec.389 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the trial court vide judgment

dated dated 12.07.2023 in Sessions Case No.6/2019 (CIS

No.6/2019) against applicant-appellants (1) Lakhmaram @

Laxman Kumar S/o Shri Ramaram and (2) Karsan @ Krishan

Kumar S/o Dhanaramji shall remain suspended till final disposal

of the appeal filed by them, provided each of them executes a

personal bond in a sum of Rs.50,000/- with two sureties of

Rs.25,000/- each to the satisfaction of the learned trial Judge for

their appearance in this court on 04.12.2023 and whenever

ordered to do so, till the disposal of the appeal filed by them on

the conditions indicated below:-

i. That they will appear before the trial Court in the

month of January of every year till the appeal is

decided.

ii. That if the applicant-appellants changes the place of

residence, they will give in writing their changed

address to the trial Court as well as to the counsel in

the High Court.

iii. Similarly, if the sureties change their address, they will

give in writing their changed address to the trial Court.

7. The learned trial Court shall keep the record of attendance of

the accused-applicant-appellants in a separate file. Such file be

[2023:RJ-JD:37031-DB] (4 of 4) [SOSA-898/2023]

registered as Criminal misc. Case related to original case in which

the accused-applicant-appellants were 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 applicant-appellants do 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




                                    Abhishek Kumar
                                    S.No.91









Powered by TCPDF (www.tcpdf.org)