Allowed

Ashok Kumar v. State of Rajasthan

Rajasthan HC7 Dec 2023SOSA/1032/2023

Case brief

AI extract

What is this about?

High Court at Jodhpur allowed an application for suspension of life imprisonment imposed for murder, directing the accused to execute a personal bond with two sureties and appear before the trial court annually until appeal disposal.

What did the court decide?

Sentence suspended pending appeal; personal bond of Rs.50,000/ with two sureties of Rs.25,000/- each executed for appearance on 17.1.2024 and annually thereafter.

Ashok Kumar Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2023)

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[2023:RJ-JD:42631-DB]

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[SOSA-1032/2023]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1032/2023

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Ashok Kumar S/o Bholaram, Aged About 28 Years, Nadol, P.s. Rani, Dist. Pali (Raj.). (Presently Lodged In Central Jail Jodhpur).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. B.R. Godara For Respondent(s) : Mr. R.R. Chhaparwal, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN Order

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07/12/2023

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Heard learned counsel for the parties on the application for suspension of sentence.

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The instant application for suspension of sentence has been preferred by the appellant-applicant, who has been convicted and sentenced by the Additional Sessions Judge, Desuri, District Pali vide judgment dated 2.8.2023 in Sessions Case No.23/2020 (81/2016). The appellant-applicant has been sentenced as under :-

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Offence U/s	Sentence	Fine	Sentence in default
			ofpayment of fine
302 IPC	Life	Rs.10,000/-	Two Years’ Additional
	Imprisonment		R.I.

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[2023:RJ-JD:42631-DB]

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[SOSA-1032/2023]

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Learned counsel for the appellant-applicant has argued that the trial court has grossly erred in convicting and sentencing the appellant-applicant vide judgment impugned. It is submitted that the prosecution has failed to prove that the appellant-applicant has committed murder of his mother. Learned counsel has submitted that as per the prosecution story, appellant-applicant was annoyed with his mother because she was in an illicit relationship with some other person and after hearing recording of conversation of his mother and the other person, he got annoyed and committed murder of his mother.

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Learned counsel has submitted that the so called conversation (Exhibit P/30 and P/31) has not been relied upon by the trial court. It is also submitted that there is no eye witness of the incident and the trial court, while relying on the circumstantial evidence, has passed the impugned judgment. Learned counsel has submitted that the circumstantial evidence is so weak that the same cannot be relied upon for convicting and sentencing the appellant-applicant. It is also submitted that the prosecution witnesses have not supported the prosecution story and turned hostile.

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Learned counsel for the appellant-applicant, while inviting attention of this Court towards the statement of Smt. Gheesi Devi (PW-2), who is the grandmother of the appellant-applicant, has submitted that she has specifically stated that the appellantapplicant was not residing with his mother. It is also submitted that the recovery of blood smeared clothes from the appellant-

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[2023:RJ-JD:42631-DB]

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[SOSA-1032/2023]

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applicant is also doubtful as the recovery witness did not support the prosecution story. Learned counsel has further submitted that the appellant-applicant is in jail from more than seven years and hearing of the appeal is likely to take time. It is, thus, prayed that the sentence awarded to the appellant-applicant by the trial court may be suspended.

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Per contra, learned Public Prosecutor has opposed this application for suspension of sentence.

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Taking into consideration the overall facts and circumstances of the case; keeping in view the fact that the trial court has discarded the story of the prosecution, whereby it has tried to derive the motive of the appellant-applicant to kill his mother; taking into consideration the fact that the witness of recovery of blood smeared clothes from the appellant-applicant did not support the prosecution story and without expressing any opinion on the merits of the case, we are inclined to suspend the sentence awarded to the appellant-applicant.

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Accordingly, this application for suspension of sentence filed under Sec.389 Cr.P.C. is allowed and it is ordered that the sentence passed by the Additional Sessions Judge, Desuri, District Pali vide judgment dated 2.8.2023 in Sessions Case No.23/2020 (81/2016) against appellant-applicant - Ashok Kumar S/o Bholaram shall remain suspended till final disposal of the appeal, provided he executes a personal bond in the sum of Rs.50,000/along with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on

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[2023:RJ-JD:42631-DB]

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[SOSA-1032/2023]

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17.1.2024 and whenever ordered to do so till the disposal of the

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appeal on the conditions indicated below:-

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That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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That if the appellant(s) change(s) the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

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The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedappellant 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(MUNNURI LAXMAN),J

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(VIJAY BISHNOI),J

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44-BhumikaP/-

Ashok Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. State of Rajasthan

Case brief

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