Rukmani W/o Nanak Ram v. State of Rajasthan Through P. P.
2017-10-10
KAILASH CHANDRA SHARMA, MOHAMMAD RAFIQ
body2017
DigiLaw.ai
ORDER : 1. These four applications have been filed by accused-appellants for suspension of their sentence awarded by the court of learned Additional Sessions Judge, Bandikui–Camp Mahwa, District Dausa (Rajasthan) vide judgment and order dated 20.07.2017 in Sessions Case No.14/2013 arising out of F.I.R. No.594/2012, Police Station Mahwa, District Dausa. 2. On hearing learned counsels for accused-appellants as also learned Public Prosecutor and taking into consideration statements of injured eye witnesses, namely, Ram Singh (PW-1), Smt. Somoti (PW-2), Gopal (PW-3), Ram Khiladi (PW-9), Rasmi (PW-10) and Bhuri (PW-13) and the fact that only one fatal injury sustained by Ram Bharose has been attributed to accused-appellant Ramavtar @ Guttya right from the stage of lodging the F.I.R. and during trial also by all the eye witnesses and apart from deceased, there are other five injured on both the sides i.e. the complainant and the accused party, all of whom have sustained simple injuries, this court is inclined to suspend the sentence of the accused-appellants except accused-appellant Ramavtar @ Guttya. 3. It is, therefore, ordered that sentence of accusedappellants, namely, Smt. Rukmani W/o Nanak Ram (SOSA No.923/2017), Heera Lal S/o Ramji Lal, Sampat Ram s/o Moolchand, Sitaram S/o Ishwawr Lal, Smt. Kalyani W/o Ramavtar, Murkya S/o Gyarsha (SOSA No.1132/2017), Chetram S/o Shri Shivlal (SOSA No.896/2017), Ishwar Lal S/o Mishrilal and Shivlal S/o Mishrilal (SOSA No.1133/2017) shall remain suspended till disposal of their respective appeals 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/- to the satisfaction of the trial court to the effect that they shall appear before this court on 13.11.2017 and as and when called upon to do so. 4. Application No.1133/2017 qua accused-appellant Ramavatar @ Guttya is dismissed. 5. An application bearing inward no.20639 dated 05.10.2017 has also been filed on behalf of accused-appellants in Criminal Appeal No.1401/2017 praying for correction in the name of accused-appellant in memo of Criminal Appeal No.1401/2017 and Application for Suspension of Sentence No.1132/2017. It is contended that the trial court, in the impugned judgment, wrongly mentioned name of accused-appellant Murlya as Murkya, whereas his correct name is Murlya and, on the application filed on behalf of the accused-appellants, the trial court has corrected his name as Murlya. For stated reasons, the application is allowed.
It is contended that the trial court, in the impugned judgment, wrongly mentioned name of accused-appellant Murlya as Murkya, whereas his correct name is Murlya and, on the application filed on behalf of the accused-appellants, the trial court has corrected his name as Murlya. For stated reasons, the application is allowed. Name of accused-appellant no.5 Murkya S/o Gyarsha in Criminal Appeal No.1401/2017 as also Application for Suspension of Sentence No.1132/2017 be read as Murlya S/o Gyarsha. All the applications accordingly stands disposed of.