Madan Singh vs State Of Rajasthan

The instant application for suspension of sentence has been filed on behalf of the appellant-convict Madan Singh, who has been convicted and sentenced by the learned Sessions Judge, Jalore vide judgment dated 06.12.2018 passed in the Sessions Case No.30/2018 (C.I.S. No.126/2018) for the offences under Section 302 and 201 IPC.

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

Learned counsel Mr. Pradeep Shah, representing the appellant-applicant, vehemently and fervently urged that there is no evidence worth the name on the entire record so as to connect the appellant with the alleged crime. The allegations of motive were attributed by the prosecution to the co-accused Bhavesh Bhai and Smt. Anek Kanwar, who have been acquitted by the trial court. He urged that the appellant-applicant has been convicted solely on the strength of the recoveries of blood stained weapon and blood stained clothes, but these recoveries can only be used to corroborate substantive facts and circumstances, which are totally lacking in the case of the appellant herein. He, thus, urged that the conviction of the appellant is bad in the eye of law. He pointed out that the circumstantial evidence of last seen together and the call of the deceased, wherein he told his wife that he was in the company of Bhavesh and recovery was available against the said accused, but while dealing with his case, the trial court brushed aside both the circumstances by holding that the motbir of the recoveries had turned hostile. He submitted that the conviction of the appellant as recorded by the trial court cannot be sustained by any stretch of imagination. He, thus, craved indulgence of bail to the appellant-applicant during pendency of the appeal.

Per contra, learned Public Prosecutor and the learned counsel for the complainant, vehemently and fervently opposed the submissions advanced by the appellant's counsel. However, they too are not in a position to dispute the fact that the sole piece of circumstance available against the appellant is in the form of the recoveries of blood stained clothes and the blood stained weapon, on which same blood group as that of the deceased was found. However, the recovery of blood stained clothes (with same blood group as the deceased) was also made from the co-accused Bhavesh Bhai, who has been acquitted by the trial court. It cannot be denied that circumstance of recovery of blood stained weapon and clothes can be used as one in the chain of circumstances required to convict an accused, but the solitary circumstance of recovery of blood stained clothes and weapon, even if the same are stained with some blood group as that of the deceased would normally not be sufficient to hold an accused guilty of murder. That apart, the co-accused Bhavesh Bhai, at whose instance, the blood stained clothes and boots bearing the same blood group as that of the deceased were recovered, has been acquitted by the trial court simply for the reason that the motibirs of the recovery turned hostile. We feel that the appreciation of evidence as conducted by the trial court while acquitting the said accused is perverse to say the least. We, therefore, are inclined accept the instant application for suspension of sentences Accordingly, the application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Sessions Judge, Jalore vide judgment dated 06.12.2018 in Sessions Case No.30/2018 (CIS No.126/2018) against the appellant-applicant Madan Singh S/o Dungar Singh shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he 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 his appearance in this court on 10.06.2019 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.