Limba v. State
Case brief
What is this about?
High Court suspended the mandatory death sentence passed on an appellant convicted of murder. Finding no motive or intent to cause death and injury caused by a stone, bail was granted pending disposal of criminal appeal subject to sureties and personal bond.
What did the court decide?
Application for suspension of sentence allowed; sentence suspended pending disposal of appeal subject to execution of two sureties in Rs.25,000 each and personal bond.
What the court decided
1
D.B.CR.MISC. BAIL APPLICATION NO.831/2014 in D.B.CRIMINAL APPEALNO.719/2014
( Limba Vs. State of Rajasthan)
DATE OF ORDER :: 04.02.2015
HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MISS. JUSTICE JAISHREE THAKUR
Mr.Deepak Menaria, for the applicant-appellant. Mr.JPS Choudhary, PP, for the State.
While pressing application seeking suspension of sentence, it is submitted by learned counsel for the applicant that even accepting the prosecution case to be true at its highest, the offense said to be committed by the applicant does not travel beyond the offence punishable under Sections 341, 302 of Indian Penal Code. According to learned counsel, the prosecution supported its case with the aid of four eye witnesses, namely, Ramesh (PW-2), Vallu (PW-3), Bhagga (PW-5) and Durga (PW-6). All the eye witnesses failed to disclose any motive or intention of the applicant in causing death of Laxman. Learned counsel for the applicant has also pointed out the evidence adduced by Dr.Anis Ahemd (PW-11), according to which, the deceased-Laxman suffered single head injury i.e. Lacerated wound and further that the accused was not armed with any lethal weapon but during the course of quarrel caused injury by carrying a stone from the spot itself.
Learned Public Prosecutor while opposing the application stated that absence of intention or motive it is not sufficient to
Issues for consideration
2 issues framed by the court
Whether bail should be granted in an appeal against conviction under Section 302 IPC where no motive or intention to cause death was disclosed.
Whether the evidence of a single head injury caused by a stone from the spot without lethal weapon warrants granting suspension of sentence.
Parties & counsel
- appellant
Limba
- respondent
State of Rajasthan
Coram
Govind Mathur
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · February
- Registered
- Case no.
- CRLAB/831/2014
Similar cases
Judgements on the same questions, provisions and authorities, from every court