Anda Ram, S/o. Shri Gajja Ram v. State of Rajasthan
2025-05-07
PUSHPENDRA SINGH BHATI, SUNIL BENIWAL
body2025
DigiLaw.ai
ORDER : 1. The appellants-applicants herein have been convicted and sentenced for the offences under Sections 147, 148, 448, 323, 325, 341, 302 r/w 149 of IPC vide judgment dated 26.09.2024 passed by the learned Additional Session Judge, Pali in Sessions Case No.68/2015 : 2. The appellant-applicants have preferred the application for suspension of sentence under Section 389 Cr.P.C. for suspension of sentences during the pendency of the appeal and for release on bail. 3. Brief facts of the case indicate that the incident occurred on 23.06.2013 at about 8:30 P.M. The parties involved were close relatives engaged in a property dispute, specifically regarding a water storage tank. It is alleged that the accused persons, with common intention, attacked the deceased with an axe, dharia and lathis, causing his death. 4. Learned counsel for the applicant-appellants submits that there is a cross case and cross injuries, and both the families emanate from the same ancestor. He further submits that there is not even a single injury of incised nature from a sharp weapon on the body of the deceased or the complainant party. 4.1 Learned counsel has drawn this Court's attention to the statement of PW-5 Dr. Jitendra Kumar and in his cross-examination, he has admitted that all the 11 injuries were not sufficient to cause death. 4.2 Learned counsel has also pointed out that all the accused persons were on bail during trial for a long time since 2013 except for the custody period of three years. The custody report in reply of the State also indicates the same. 4.3 Learned counsel further submits that there does not seem to be any clear intention to cause death looking into the injuries and at best, it would be a free-fight between the two families over a common property. He also submits that no weapons have been used except lathi. 4.4 Learned counsel further submits that for the similar incident, the sentence of Smt. Papli, Smt. Sua and Smt. Seeta have already been suspended by a Division Bench of this Court in D.B. Criminal Misc. Suspension of Sentence Application No.1281/2024 vide order dated 02.12.2024. 5.
He also submits that no weapons have been used except lathi. 4.4 Learned counsel further submits that for the similar incident, the sentence of Smt. Papli, Smt. Sua and Smt. Seeta have already been suspended by a Division Bench of this Court in D.B. Criminal Misc. Suspension of Sentence Application No.1281/2024 vide order dated 02.12.2024. 5. Learned Public Prosecutor and learned counsel for the complainant oppose the application for suspension of sentence on the ground that it was a premeditated attack on the deceased and his family members, and the number of injuries caused indicates that there was an intention to cause death. 6. This Court, on conjoint consideration of the custody period, the statement of PW-5 Dr. Jitendra Kumar, the submissions made by learned counsel for the applicant-appellants, and the fact that they are close family members who entered into the fight because of a common property dispute, and also noting that no specific injury has been attributed to any of the accused applicants-appellants specifically, deems it appropriate to suspend the substantive sentence of the appellant-applicants during the pendency of the appeal. 7. Accordingly, the instant application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that substantive sentence passed by learned Additional Sessions Judge, Pali in Sessions Case No.68/2015, against the appellants-applicants, namely, (1) Anda Ram S/o Shri Gajja Ram, (2) Oma Ram S/o Shri Gajja Ram, (3) Kana Ram S/o Shri Chuna Ram, (4) Kheema Ram S/o Shri Asha Ram, (5) Rugha Ram S/o Shri Asha Ram, (6) Sohan Lal S/o Shri Anda Ram, and (7) Pappu Ram S/o Shri Chunni Lal , shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided each of them execute a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for their appearance in this court on 03.07.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below: 1. That he will appear before the trial court in the month of January of every year till the appeal is decided. 2. That if the applicant change 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. 3.
That he will appear before the trial court in the month of January of every year till the appeal is decided. 2. That if the applicant change 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. 3. Similarly, if the sureties change their address(s) they will give in writing their changed address to the trial court. 8. 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 relating 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 been taken into account for statistical purpose relating to pendency and disposal of the cases in the trial court. In case the said accused-applicants does not appear before the trial court, learned trial Judge shall report the matter to the High Court for cancellation of bail.