Ridmalram vs State

Heard and considered the submissions advanced by learned counsel representing the applicant-appellant, learned Public Prosecutor and have gone

through the impugned judgment and the material available on record.

The instant application for suspension of sentences under Section 389 Cr.P.C. has been filed on behalf of the appellant applicant - Ridmalram, who

has been convicted and sentenced for the offences under Section 302 of IPC vide judgment dated 10.09.2020 passed by the Additional Sessions Judge

No.1, Barmer in Sessions Case No.155/2016 (23/2017 ADJ No.2, Barmer) (CIS No.62/2016).

Learned counsel for the applicant-appellant submits that as per the highest allegation set out in the FIR (Ex.P/4) and the testimony of the so called eye

witnesses PW-3 Bhanwarlal and PW-4 Hariram, the allegation against the appellant is of inflicting lathi blow on the head of the deceased

Ramchandra. He urges that this allegation is false and fabricated because no such blow could have been landed on the head of the deceased in the

manner alleged by the prosecution witnesses as the deceased was driver of the tractor. He further urges that as per the postmortem report (Ex.P/16),

the injury found on the head of the deceased Ramchandra was a superficial bruise admeasuring 2 cm x 0.5 cm which was found to be simple in nature

when autopsy was carried out. He further submits that cause of death of deceased Ramchandra has been opined to be injury caused by running over

of a vehicle which allegation is specifically attributed to the co- accused Ashuram. He urges that the appellant-applicant who was on bail during the

trial and has strong grounds to assail the impugned judgment. He prays that the appellant deserves indulgence of bail by this Court during the pendency

of the appeal.

Learned Public Prosecutor has filed reply opposing the application for suspension of sentences.

Arguing the matter orally, the learned Public Prosecutor vehemently and fervently opposed the submissions advanced by the appellant-applicant's

counsel and urges that the applicant- appellant is the father of the co-accused Ashuram who drove the tractor over the deceased Ramchandra and

thus, the appellant can be fastened with vicarious liability by virtue of Section 34 of the IPC. However, he too does not dispute the fact that the injury

attributed by the prosecution witnesses to the appellant-applicant being a lathi blow on the head of the deceased Ramchandra was found to be simple

in nature.

The possibility of this injury having been received due to fall from the running tractor cannot be ruled out. The appellant applicant - Ridmalram was on

bail during the course of trial. He has available strong grounds to assail the impugned judgment. Thus, we are inclined to suspend the sentences

awarded to the appellant by the trial Court.

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

by the Additional Sessions Judge No.1, Barmer, vide judgment dated 10.09.2020 in Sessions Case No.155/2016 (23/2017 ADJ No.2, Barmer) (CIS

No.62/2016) against the appellant-applicant Ridmalram S/o Sh. Bhinyaram, shall remain suspended till final disposal of the aforesaid appeal and she

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 05.04.2021 and whenever ordered to do so till the disposal of the appeal on the conditions

indicated below:-

That he 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 will give in writing his 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 in a separate file. Such file be registered as Criminal Misc. Case

related to original case in which the accused-applicant 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-applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of

bail.