Tulsi Ram vs State Of Rajasthan ...
2023 Latest Caselaw 9037 Raj

[2023:RJ-JD:37633-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1294/2022

Tulsi Ram S/o Shri Narayan, Aged About 26 Years, R/o Harisingh Ji Kheda, Tehsil And P.s. Choti Sadri, District Pratapagarh. (Presently Lodged In Central Jail, Udaipur).

                                                                         ----Petitioner
                                       Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent


For Petitioner(s)             :    Mr. Kalu Ram Bhati
For Respondent(s)             :    Mr. B.R. Bishnoi, PP



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

                             Judgment / Order

03/11/2023

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 Special Judge, SC/ST (Prevention of Atrocities

Cases), Pratapgarh vide judgment dated 5.1.2021 in Sessions

Case No.17/2016. 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/                 One year's SI

                Imprisonment             -
460 IPC         Ten Years' SI            Rs.10,000/                 Six months' SI


 [2023:RJ-JD:37633-DB]                   (2 of 4)                         [SOSA-1294/2022]


                                         -
341 IPC          One month's SI Rs.500/-                            Seven days' SI
323/34 IPC       One Year's SI           Rs.1000/-                  Fifteen days' SI

Learned counsel for the appellant-applicant has argued that

the trial court has grossly erred in sentencing and convicting the

appellant-applicant vide impugned judgment. Learned counsel for

the appellant-applicant while referring to the statements of Nanda

(PW-1), Gautam (PW-2), Smt. Bhagwani (PW-5), Limba (PW-6),

Smt. Kankudi (PW-9), Veniram (PW-10) and Smt. Khudi Bai

(PW-11) has submitted that there is contradiction in the

statements of the above-referred so-called eye witnesses. It is

further submitted that all the above-named witnesses have

submitted that their houses are situated far from the house of the

deceased. It is also submitted that omnibus allegations have been

levelled regarding role of the appellant. It is also argued that the

prosecution witnesses, in their evidence, have admitted that the

quarrel took place on the spur of moment on account of dispute

with regard to grazing cattle. It is further submitted that as a

matter of fact, the incident took place in the heat of moment on

account of grazing cattle in the agricultural fields of the

complainant and in such circumstances, it can be gathered that

the appellant-applicant had no intention to kill the deceased. It is

submitted that all the injuries on the body of the injured persons

are simple in nature and from this fact also, it can be gathered

that the appellant-applicant had no intention to kill the deceased.

Learned counsel has submitted that the appellant-applicant is in

jail from more than eight years and hearing of appeal is likely to

[2023:RJ-JD:37633-DB] (3 of 4) [SOSA-1294/2022]

take time.

Learned Public Prosecutor has opposed this application for

suspension of sentence.

Taking into consideration the overall facts and circumstances

of the case 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 Special Judge, SC/ST (Prevention of

Atrocities Cases), Pratapgarh vide judgment dated 5.1.2021 in

Sessions Case No.17/2016 against appellant-applicant - Tulsi Ram

S/o Shri Narayan shall remain suspended till final disposal of the

appeal, provided he executes a personal bond in the sum of

Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for his appearance in this

Court on 20.12.2023 and whenever ordered to do so, till the

disposal of the appeal on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the appellant changes the place of residence, he will give in writing his 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

[2023:RJ-JD:37633-DB] (4 of 4) [SOSA-1294/2022]

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




                                    36-msrathore/-









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