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2015 DIGILAW 1713 (RAJ)

Mathura v. State of Rajasthan

2015-09-24

MOHAMMAD RAFIQ, PRAKASH GUPTA

body2015
JUDGMENT : Mohammad Rafiq, J. This application for suspension of sentence has been filed by the accused-applicants Smt. Mathura and Smt. Geeta in Criminal Appeal No.825/2015 filed by them assailing the judgment and order dated 31.08.2015 passed by learned Additional District and Sessions Judge, Malpura, District Tonk in Sessions Case No.20/2012 whereby the accused-applicants were convicted under Sections 147, 323/149, 450 and 302/149 IPC and sentenced with life imprisonment. 2. Mr. Biri Singh Sinsinwar, learned Senior Counsel appearing on behalf of the applicants-accused has contended that specific allegations of causing two fatal injuries, i.e. one injury by Farsi and another by Lathi, on the person of the deceased Jagdish, have been attributed to the accused -applicants Ramgopal and Parmeshwar respectively. So far as other accused-applicants are concerned, there are omnibus allegations against them of causing injuries on the persons of other injured-eye-witnesses, namely P.W.7 Kishanlal, P.W.8 Smt. Sushila, P.W.9 Smt. Pushpa, P.W.14 Smt. Nausar Devi, P.W.19 Satyanarain Jat, P.W.20 Bhanwarlal, which are simple and superfluous in nature. Present accused-applicants namely Smt. Mathura and Smt. Geeta are women. Recovery of blood stained lathi at the instance of accused-applicant Smt. Mathura has not been believed by the learned trial court, yet she has been convicted under Section 302 with the aid of Section 149 IPC. Except accused-applicants Ramgopal and Parmeshwar, other accused-applicants including present applicants-accused were on bail during trial. Hearing of the appeal is likely to take long. 3. Learned Public Prosecutor appearing on behalf of the State as well as learned counsel for the complainant both have vehemently opposed the application for suspension of sentence of the accused-applicants. 4. On hearing learned counsel for the accused-applicants and taking into consideration the evidence in totality as also the fact that accused-applicants were on bail during trial and hearing of the appeal would take long, but without expressing any opinion on merits of the case, we are inclined to suspend the sentence of accused-applicants. 5. 4. On hearing learned counsel for the accused-applicants and taking into consideration the evidence in totality as also the fact that accused-applicants were on bail during trial and hearing of the appeal would take long, but without expressing any opinion on merits of the case, we are inclined to suspend the sentence of accused-applicants. 5. It is, therefore, ordered that the sentence of accused applicants, namely, (1) Smt. Mathura W/o. Shri Ramgopal and (2) Smt. Geeta W/o. Shri Shankar shall remain suspended till disposal of the appeal and they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial court to the effect that they shall appear before this court on 27.10.2015 and as and when called upon to do so. The application for suspension of sentence stands allowed. Application allowed.