[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Prakash vs State Of Rajasthan ... on 4 December, 2025
Bench: Vinit Kumar Mathur, Anand Sharma
[2025:RJ-JD:52415-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 2077/2025
In
D.B. Criminal Appeal No.60/2020
Prakash S/o Bhairulal Teli, Aged About 36 Years, R/o Khankhla,
P.S. Gangapur, District Bhilwara.
(At Present Lodged In Central Jail Bhilwara).
----Petitioner
Versus
State of Rajasthan.
----Respondent
For Petitioner(s) : Mr. Ashok Panwar, Amicus Curiae.
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
assisted by Mr. Kuldeep Singh.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE ANAND SHARMA
Judgment
04/12/2025
1. Heard learned counsel for the parties.
2. Learned counsel for the applicant submits that though the
present matter has been listed on the application seeking
suspension of sentence, but the jail appeal itself may be heard
and disposed of at this stage.
3. In view of the submissions made by learned counsel for the
accused-applicant, the jail appeal itself is heard and decided finally
at this stage.
4. The instant appeal has been preferred by the appellant
Prakash, S/o Shri Bhairulal Teli, from jail against the judgment
dated 17.05.2019 passed by the Additional District and Sessions
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Judge No. 01, Bhilwara Camp, Gangapur, in Sessions Case No.
95/2017 under Section 302 of the Indian Penal Code arising out of
FIR No.218/2017, whereby the accused-appellant stands
convicted for the offence under Section 302, of the IPC.
5. By the said judgment, the learned trial Court has sentenced
the appellant to undergo imprisonment for life till the remainder of
his natural life along with a fine of Rs.2000/-, and in default of
payment of fine, further to undergo simple imprisonment for
seven days.
6. Brief facts for deciding the present appeal are that on
27.08.2017, the complainant Ganpat submitted a written
complaint at Police Station Gangapur stating that he and his four
brothers - Ramesh, Ramchandra, Prithviraj and Prakash - reside
at different places, while he and his brother Prakash lived with
their mother, Smt. Sohni Devi, in the village. It was alleged that
Prakash often quarreled with their mother as she requested him to
return home on time for meals. Due to this, Prakash frequently
threatened and assaulted her. He would also accuse his mother of
being biased towards him. On the date of incident, Ganpat had
gone to bring milk at his mother's request, leaving Prakash and
his mother at home. Upon returning, he found the door closed but
unbolted. Entering the house, he saw Prakash strangulating their
mother. On raising an alarm, Prakash attempted to flee by
climbing onto the roof, but Ganpat and nearby villagers
apprehended him and informed the police. Smt. Sohni Devi was
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found dead due to strangulation. On these allegations, a repot was
lodged stating that Prakash had murdered their mother.
7. On the basis of the above written complaint, a formal FIR
No.218/2017 (Exhibit P.09) was registered at Police Station,
Gangapur, Bhilwara Camp against the accused for the offences
under Sections 302, IPC.
8. After completion of investigation, police filed a charge-sheet
against the accused-appellant for the offences under section 302,
IPC.
9. Learned Trial Court framed, read over and explained the
charges under Sections 302 IPC to the accused-appellant, who
denied the charge and sought trial.
10. During the trial, the prosecution examined as many as 12
witnesses. In support of its case, the prosecution also produced
documentary evidence, Exhibits P-01 to P-10.
11. The statement of the accused-appellant was recorded under
Section 313 Cr.P.C. He denied all incriminating circumstances put
to him, stating that the prosecution witnesses had deposed falsely,
that the evidence was fabricated, and that he was innocent. The
accused-appellant did not lead any defence evidence, and the
defence evidence was accordingly closed.
12. Learned Trial Court, after hearing the arguments advanced
on behalf of both sides and upon appreciation of the oral and
documentary evidence brought on record, convicted and
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sentenced the accused-appellant as aforesaid vide judgment dated
17.05.2019.
13. Hence the present appeal.
14. The learned Amicus Curiae, appearing for the appellant-
accused, vehemently submits that the prosecution has failed to
establish its case beyond reasonable doubt, despite relying on
oral, documentary and circumstantial evidence.
15. He further submits that although the prosecution alleges
frequent quarrels between the accused and the deceased Sohni
Devi, such general allegations of strained domestic relations
cannot, by themselves, constitute proof of guilt. The statements
regarding the accused allegedly threatening the deceased or
accusing her of bias are vague, omnibus, and unsupported by any
independent or reliable evidence.
16. He further submits that the prosecution case rests entirely
on the testimony of the complainant (Ganpat), who claims to have
returned home with a milk packet and allegedly witnessed the
accused strangulating his mother. However, serious doubts arise
regarding the sequence of events, the possibility of witnessing the
act as described, and the absence of any independent eye-
witnesses despite the incident allegedly occurring in a residential
area. The conduct of the complainant, as narrated, is also
inconsistent with normal human behaviour, and no scientific or
forensic evidence has been produced to substantiate the allegation
of strangulation directly linking the accused to the act.
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17. The alleged attempt by the accused to flee by climbing onto
the roof is not corroborated by clear or consistent testimonies. The
prosecution's reliance on the presence of only the accused and the
deceased in the house at the time of occurrence forms a weak
circumstantial link, which cannot sustain a conviction unless the
chain of circumstances is complete, coherent, and points
unerringly to the guilt of the accused. In the present case, several
material gaps, contradictions, and omissions break the chain of
circumstances.
18. The learned Amicus Curiae further submits that mere proof
of motive or strained relations does not discharge the
prosecution's burden. The prosecution has also not proved the
documentary evidence conclusively so as to exclude every other
hypothesis except the guilt of the accused.
19. Learned Public Prosecutor has opposed the submissions
made by the counsel for the appellant and has supported the
prosecution case set out before the trial court and he submits that
there is no infirmity in the order passed by the learned trial court
convicting the appellant under Section 302 IPC vide judgment
dated 17.05.2019.
20. We have considered the submissions made before this Court
and have carefully examined the relevant record of the case,
including the impugned order dated 17.05.2019.
21. There is no reason for us to disbelieve the ocular evidence of
PW-1 Ganpat, who has clearly stated that when he entered into
the house, he saw Prakash strangulating his mother and when he
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was trying to flee from the place of incident, he was caught by him
along with the neighbours gathered on the terrace of his house.
We further find that the statement of PW-3 Sohanlal also
corroborates the statement of PW-1 Ganpat and the statement of
PW-1 Ganpat and PW-3 Sohanlal gets fortified from the
postmortem report (Ex.7) and the statement of PW-8 Dr. Mukesh
Tiwari.
22. A close scrutiny of the record reveals that the complainant
Ganpat--son of the deceased Sohni Devi--clearly stated that the
accused Prakash, also her son, used to return home late at night,
leading to frequent quarrels whenever the deceased advised him
to come home on time for meals due to her old age. The deceased
was regularly subjected to threats, abuse, and allegations of bias
by the accused. On the date of the incident, the deceased,
complainant Ganpat, and the accused were present at home. The
complainant Ganpat had gone to purchase milk. Upon his return,
he found the door closed but not latched from inside. Entering the
house, he witnessed the accused Prakash strangulating the
deceased, who had already become silent and motionless. On
raising an alarm, the accused attempted to flee but was chased
and apprehended by the informant with the assistance of villagers
who gathered upon hearing his cries.
23. After considering the rival submissions and thoroughly
evaluating the oral and documentary evidence brought on record,
this Court is satisfied that the prosecution has proved beyond
reasonable doubt that the accused Prakash caused the death of
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his mother, Smt. Sohni Devi, by strangulation. The act committed
by the accused is not only grave in nature but also reflects a
complete betrayal of the most sacred and natural relationship
between a mother and her son.
24. The neck is a vital and sensitive part of the human body,
where even minimal pressure can endanger life. In the present
case, the accused applied forceful pressure to the frontal portion
of the throat of the deceased. Such an act cannot, by any stretch
of reasoning, be regarded as accidental or lacking in intention. The
manner of assault clearly establishes the intention to cause death,
or at the very least, the knowledge that such an act was
imminently likely to result in death.
25. In the considered opinion of this Court, the learned trial
Court has rightly evaluated the evidence on record and after
discussing the entire facts, has correctly convicted the accused-
appellant vide impugned judgment dated 17.05.2019.
26. Therefore, there is no force in the appeal and the same is
hereby dismissed.
27. Consequently, the application seeking suspension of
sentence stands disposed of.
(ANAND SHARMA),J (VINIT KUMAR MATHUR),J
55-Kartik/CP Goyal/-
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