Omprakash @ Cooler vs State Of Rajasthan ...
2023 Latest Caselaw 9967 Raj

Citation : 2023 Latest Caselaw 9967 Raj
Judgement Date : 22 November, 2023

Rajasthan High Court - Jodhpur

Omprakash @ Cooler vs State Of Rajasthan ... on 22 November, 2023

Bench: Vijay Bishnoi, Yogendra Kumar Purohit

[2023:RJ-JD:40082-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR



  D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                  No. 1320/2023




 Omprakash @ Cooler S/o Shri Hanumanram, Aged About 32
 Years, R/o- Sirsala, P.s. Dudhawakhara, Dist. Churu. (At Present
 Lodged At Central Jail Bikaner)
                                                                      ----Petitioner
                                        Versus


 1. State Of Rajasthan, Through PP
 2. Rajpal S/O Pooraram, R/O Sirsala, Churu


                                                                    ----Respondent
                                  Connected With


  D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                  No. 962/2023


 Ranveer @ Ran Singh S/o Sh. Mamraj @ Debu Ram, Aged About
 27 Years, R/o Sirsala Ps Dhaudhwa Khara District Churu
 (Rajasthan) (Presently Lodged In Central Jail, Bikaner)


                                                                      ----Petitioner
                                        Versus


 State Of Rajasthan, Through PP
                                                                    ----Respondent


 For Petitioner(s)            :    Mr. Deepak Chowdhary
                                   Mr. N. L. Joshi, Ms. Kirti Pareek

 For Respondent(s)            :    Mr. R. R. Chhaparwal, PP

 For Complainant(s)           :    Mr. Vikas K. Bishnoi for Mr. Rakesh
                                   Matoria




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 [2023:RJ-JD:40082-DB]                   (2 of 5)                     [SOSA-1320/2023]


             HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Judgment / Order

22/11/2023

Heard learned counsel for the parties on the applications for

suspension of sentence.

The instant applications for suspension of sentence have

been preferred by the appellant-applicants, who have been

convicted and sentenced by the Sessions Judge, Churu vide

judgment dated 26.07.2023 in Sessions Case No.245/2018. The

appellant-applicants have been sentenced as under :-

Offence U/s Sentence Fine Sentence in default

of payment of fine 302 IPC Life Rs.50,000/- One Year's SI each

Imprisonment

Learned counsel for the appellant-applicants have argued

that the trial court has grossly erred in convicting and sentencing

the appellant-applicants vide impugned judgment. Learned

counsel has submitted that the trial court has placed reliance only

on the circumstantial evidence, however, from a bare look of the

said circumstantial evidence, it reveals that the prosecution has

failed to prove the guilt of the appellant-applicants beyond

reasonable doubt. It is submitted that the last seen witnesses are

near relatives of the deceased and their evidence cannot be relied

upon looking to their conduct because as per them, they saw the

deceased and the appellant-applicants fighting with each other,

[2023:RJ-JD:40082-DB] (3 of 5) [SOSA-1320/2023]

but they did not intervene in between and this fact itself is

sufficient to prove that the so called last seen witnesses are

introduced only with the intention to falsely implicate the

appellant-applicants. Learned counsel has also submitted that the

recovery of the stick (lathi) and the belt is also doubtful. Learned

counsel has further submitted that though the deceased was

missing since 11.10.2018 from his house and his dead body was

recovered on 14.10.2018 but in between, no missing person

report was lodged by the complainant or any other relative of the

deceased. Learned counsel has further submitted that though the

complainant has stated that the deceased left the house along

with the appellant-applicants in the evening of 11.10.2018, but

there is no concrete evidence of this fact that till his death, the

deceased remained in the company of the appellant-applicants. It

is also submitted that the appellant-applicants were on bail during

trial and hearing of the appeals is likely to take time. It is, thus,

prayed that the sentence awarded to the appellant-applicants by

the trial court may be suspended.

Per contra, learned Public Prosecutor as well as learned

counsel for the complainant have opposed these applications 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-applicants.

Accordingly, these applications for suspension of sentence

[2023:RJ-JD:40082-DB] (4 of 5) [SOSA-1320/2023]

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

sentence passed by the Sessions Judge, Churu vide judgment

dated 26.07.2023 in Sessions Case No.245/2018 against

appellant-applicant - Omprakash @ Cooler S/o Shri Hanumanram

and Ranveer @ Ran Singh S/o Sh. Mamraj @ Debu Ram shall

remain suspended till final disposal of the appeals, provided each

of them 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 their appearance in this Court on 4.1.2024 and

whenever ordered to do so till the disposal of the appeals 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 appeals are decided.

2. That if the appellants change 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.