Jai Ram And Ors vs State Of Rajasthan

Heard learned counsel for the parties and perused the material available on record.

The appellants have been convicted and sentenced by the learned Additional Sessions Judge, Gulabpura, District Bhilwara vide Judgment dated 19.12.2018 passed in Sessions Case No. 15/2013 as below :-

Offence

Sentence

U/s 302 IPC

Life imprisonment with fine of Rs. 25,000/- each, in default of payment of fine to further undergo 01 years' additional S.I.

U/s 341 IPC

01 month S.I. with fine of Rs. 500/- each, in default of payment of fine to further undergo 5 days additional S.I.

Both the sentences are ordered to run concurrently.

The written report (Ex.D/2) was lodged by Chunni Lal (P.W. 12). In this written report, a conjecture was made that the accused-appellants assaulted and killed the deceased by blows of lathis and Sariyas. It is clearly mentioned in the report that by the time, the first informant reached the place of incident, the assailants had run away. Their names were introduced in the F.I.R. on account of previous enmity.

While making his deposition in the Court, Chunni Lal (P.W. 12) disowned his own written report and the defence got it exhibited in the cross-examination. The witness claimed himself to be an eye-witness but the trial court discarded his version while appreciating the evidence.

It is relevant to mention here that no one was named as eye-witness of the incident in the written report. The incident is said to have taken place on 13.10.2013. The Investigation Officer recorded the statements of Sukhi Devi (P.W. 1), Parasnath (P.W. 2), Shambhu Lal (P.W. 3) and Nathulal (P.W. 8) almost after six days of the incident. While considering the bail application of the accused-appellant - Jai Ram (S.B. Criminal Misc. Bail Application No. 1436/2014 decided on 24.02.2014), this Court summoned the Investigation Officer to seek an explanation as to how he came to know that these persons had witnessed the incident but he could not offer any explanation in this regard.

Be that as it may P.W. 2 - Sukhi Devi, in her deposition did not disclose any date, month or year in which the incident happened. P.W. - Parasnath, P.W. 3 - Shambhu Lal and P.W. 8 - Nathulal did not support the prosecution story and were declared hostile.

In this background, we are satisfied that the appellants have, available to them, strong grounds so as to challenge their conviction as recorded by the trial court. Hearing of the appeal is likely to consume time.

As a consequence and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused-appellants.

Accordingly, the application for suspension of sentence filed under Section 389 of Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge, Gulabpura, District Bhilwara vide judgment dated 19.12.2018 in Sessions Case No. 15/2013 against the accused-appellants (1) Jai Ram son of Hazari and (2) Jethu Ram son of Hazari shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, 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 26.03.2019 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-appellants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellants 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-appellants do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.