Bhikharam And Ors vs State

Heard learned counsel for the appellants, learned Public Prosecutor and learned counsel for the complainant on the applications for suspension of

sentences.

The appellant-applicants have been convicted and sentenced for the offences under Sections 302/149, 365, 447 and 148 I.P.C. Learned counsel

representing the appellant-applicants urge that the entire prosecution case is false and fabricated. The incident took place in the field of accused-

appellant Bhikha Ram, who himself received injuries in the incident. The FIR (Ex.P/4) came to be registered on the basis of Parcha-bayan of the

deceased Devaram, who arraigned eight persons as the assailants alleging that the appellants were armed with lathi, Kudali etc. and they

indiscriminately assaulted him. It is pointed out that out of these eight assailants named in the FIR, charge-sheet has been filed only against five. It is

further pointed out that the injury report indicates presence of only four external injuries on the person of the deceased. They urge that the cause of

death of deceased Devaram has been opined to be injuries caused to lungs, liver and kidneys whereas no external injury corresponding to the external

wounds was noticed by the Doctor. The appellants were on bail during trial and did not misuse the liberty granted to them and hearing of the appeals

are likely to take time. They thus urge that the sentences awarded to the appellant-applicants deserve to be suspended during the pendency of the

appeals.

On the other hand, learned Public Prosecutor as well as learned counsel for the complainant have vehemently and fervently opposed the submissions

advanced by the appellants’ counsel. Nonetheless, they too are not in a position to dispute the fact that out of eight assailants named in the FIR,

charge-sheet has been filed only against five. The external injuries noticed on the body of Deva Ram were only four in number.

Admittedly, part of the incident took place in the field of accused-appellant Bhikha Ram who also received injuries in the very same incident and his

injury report (Ex.D/2) was proved by Dr. Nemichand (PW-2).

In this background, we are of the view that the appellant-applicants have available to them strong grounds so as to assail their conviction. They were

on bail during trial and did not misuse the liberty granted to them. Hearing of the appeals is bleak in near future. It is thus considered just and proper to

suspend the sentences awarded to them during the pendency of appeals.

Accordingly, the applications for suspension of sentences filed under Section 389 Cr.P.C. are allowed and it is ordered that the sentences passed by

the learned Additional Sessions Judge, Bhinmal, District Jalore, vide judgment dated 13.12.2019 in Sessions Case No.17/2011 (CIS No.167/2014)

against the appellant-applicants Bhikharam S/o Sh. Modaji, Lakha S/o Sh. Modaram, Mahadeva S/o Sh. Prahlada, Khetaram S/o Sh. Prahlada, Ghewa

S/o Moda, Moda S/o Surta and Ghewa S/o Bheekha shall remain suspended till final disposal of the aforesaid appeals and they shall be released on

bail, provided each of them executes a personal bond in the sum of Rs.40,000/- with two sureties of Rs.20,000/- each to the satisfaction of the learned

trial Judge for their appearance in this court on 23.03.2020 and whenever ordered to do so till the disposal of the appeals on the conditions indicated

below:-

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

That if the applicant(s) changes 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.

Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc.

Case related to original case in which the accused-applicant(s) was/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(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for

cancellation of bail.

While parting, we direct that the case shall be forward to the District Legal Services Authority, Jalore for grant of compensation to the family

members of the deceased under the Victims Compensation Scheme.