Krishan Kumar And Others vs State Of Rajasthan

Heard learned counsel for the parties on the application for suspension of sentence.

The instant application for suspension of sentence has been preferred by the appellants-applicants, who have been convicted and sentenced by the learned Additional District & Sessions Judge, Taranagar vide judgment dated 21.12.2022 in Sessions Case No.48/2019. The appellants-applicants have been sentenced as under :-

Offence U/s

Sentence

Fine

Sentence in default of payment of fine

148 IPC

2 years’ simple imprisonment

Rs.500/-

3 months simple imprisonment

452/149 IPC

3 years’ simple imprisonment

Rs.1,000/-

6 months’ simple imprisonment

354 IPC

2 years’ simple imprisonment

Rs.1000/-

6 months’ simple Imprisonment

323/149 IPC

1 year’s simple imprisonment

Rs.500/-

2 months’ simple imprisonment

302/149 IPC

Life Imprisonment

Rs.5,000/-

3 months’ simple imprisonment

Learned counsel for the appellant-applicants has submitted that the trial court has grossly erred in convicting the appellant-applicants under Sections 148, 452/149, 323/149, 302/149 and 354 IPC. It is argued that from the evidence available on record, it can be gathered that it was a case of free fight, wherein accused Krishan Kumar had also received injuries. Learned counsel has further submitted that from the injury report as well as the postmortem report, it cannot be said that the alleged injuries inflicted by the appellant-applicants were dangerous to life.

Learned counsel for the appellant-applicants, while inviting attention of this Court towards the statements of PW-1 Dr. Manmohan Gupta and PW-15 Dr. Devilal Joshi, has argued that from the statements of the said witnesses it is clear that the injuries on the body of deceased were not sufficient to cause death.

Learned counsel has also submitted that the sentence of three co-accused persons namely Surajmal @ Surjaram, Sumitra and Pushpa has already been suspended by a Coordinate Bench of this Court. It is further submitted that the appellant-applicants were on bail during trial and they did not misuse the conditions of the bail and hearing of the appeal 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 vehemently opposed this application for suspension of sentence and submitted that the sentence of co-accused persons was suspended looking to the old age and that they are women. It is further submitted that the prosecution has proved the guilt of the appellant-applicants beyond reasonable doubt.

Learned counsel for the complainant has further submitted that the fatal injury is assigned to appellant - Krishan Kumar and it is also proved from the evidence available on record that the appellant-applicants were the aggressors. It is, therefore, prayed that this application for suspension of sentence is liable to be dismissed.

Having heard learned counsel for the parties; after carefully scrutinizing the material available on record, particularly taking into consideration the statements of PW-1 Dr. Manmohan Gupta and PW-15 Dr. Devilal Joshi; keeping in view the fact that appellant Krishan Kumar had also received injury and both the appellant-applicants were on bail during trial, without expressing any opinion on the merits of the case, we are inclined to suspend the sentence awarded to the appellant-applicants by the trial court.

Accordingly, this application for suspension of sentence filed under Sec.389 Cr.P.C. is allowed and it is ordered that the sentence passed by the Additional District and Sessions Judge, Taranagar vide judgment dated 21.12.2022 in Sessions Case No.48/2019 against appellant-applicants - Krishan Kumar S/o Shri Surajmal @ Surjaram and Pawan S/o Shri Surajmal @ Surjaram shall remain suspended till final disposal of the appeal, 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 29.1.2024 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 appellant(s) change(s) 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, 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 was 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.