Durga Ram And Ors vs Durga Ram And Ors

Learned Public Prosecutor has chosen not to file reply to the applications for suspension of sentences and proposes to argue the matter orally.

Heard learned counsel for the applicants-appellants and learned Public Prosecutor. Perused the material available on record.

The applicants-appellants herein stand convicted for the offences under Sections 148, 302/149, 307/149, 325/149, 323/149 IPC vide judgment dated 11.07.2019 passed by the learned Special Judge, (SC/ST) (Prevention of Atrocities Cases), Bikaner in Sessions Case No.30/12 (CIS No.235/2014). The applicants-appellants except accused Mohan Ram S/o Balu Ram, also stand convicted for the offence under Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act vide the impugned judgment.

As per the FIR and the statements of the eye-witnesses Udaram (PW.1) and Gomadram (PW.2) as well as the medical jurist Dr. Bhavesh Bohra (PW.9), it is apparent that the solitary fatal injury caused to the deceased Mukhram is specifically attributed to the accused Shankar Lal @ Shankar Ram. Though the applicants-appellants herein were also allegedly armed with various weapons but no significant injury was inflicted by them to the deceased Mukhram. The applicants-appellants were on bail during the course of trial. The incident took place on a trivial issue.

In this background and considering the small number of injuries ('2' in number) noticed on the person of Mukhram, we feel that the possibility of over-implication of applicants-appellants in the incident cannot be ruled out.

Be that as it may. The observations made herein shall be restricted for the purposes of the instant applications for suspension of sentences.

Accordingly, both the applications for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Special Judge (SC/ST) (Prevention of Atrocities Cases), Bikaner vide judgment dated 11.07.2019 in Sessions Case No. 30/2012 (CIS No.235/2014) against the appellants-applicants Durga Ram S/o Jeeya Ram, Badri Ram S/o Shri Tola Ram, Moda Ram S/o Shri Mangi Lal, Prakash S/o Tola Ram, Ram Lal S/o Mangi Lal and Mohan Ram S/o Shri Balu Ram shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided they execute personal bond in the sum of Rs.50,000/-each with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this Court on 18.10.2019 and whenever ordered to do so till the disposal of the appeal 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.