Appealed against conviction for acid attack under Section 326A IPC. Court allowed suspension of sentence pending appeal on ground that substantial sentence already undergone, subject to bond and conditions.
Suspension of sentence for 10 years rigorous imprisonment, subject to personal bond of Rs.50,000 with two sureties of Rs.25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JP:14696]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Second (SOS) Application No. 332/2023
In
S.B. Criminal Appeal No.1817/2018
Khemchand S/o Shri Budharam, R/o Simko Labour Colony, Riico Road, Bharatpur, In Front Of 38 Number Phatak, Near Chandrabhan Chakki, Bharatpur, Ps Udyog Nagar, Bharatpur, District Bharatpur And Village Nandera, P.s Bandikui, District Dausa. (At Present Confined In District Jail, Dausa).
----Appellant
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : Mr. Mohar Pal Meena with Mr. Kishan Lal For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
19/07/2023
Instant second application for suspension of sentence is preferred in pending appeal admitted on 14.11.2018 for consideration by this court filed aggrieved from order of conviction and sentence dated 07.09.2018 in Sessions Case No.43/2017 passed by learned Sessions Judge, Dausa, District Dausa whereby appellant was convicted for charge under Section 326A IPC and further sentenced to undergo rigorous imprisonment of 10 years along with fine of ₹10,000/-.
Learned counsel for the appellant while relying upon the grounds of appeal submitted that appellant has already undergone
[2023:RJ-JP:14696]
[SOSA-332/2023]
(2 of 3)
a substantial part of sentence out of awarded sentence and only on this ground he is entitled to be released on bail. He further referred the statement of witnesses particularly medical officer PW2 so as to submit that the discrepancies and contradictions in the statement are material in favour of present appellant and on the basis of this the story of prosecution is affected and the order of conviction as recorded by learned trial court is erroneous and against the material available on record.
Aforesaid contentions were opposed by learned Public Prosecutor.
Heard learned counsel for the appellant and learned Public Prosecutor. Perused the record.
A perusal of record indicated that for the incident of 19.05.2017 a report was registered on 18.08.2017 wherein it was alleged that appellant who is husband of injured assaulted her with acid resulting into injuries on lower part of abdomen of PW5 wife of appellant. After trial by learned trial court appellant was acquitted from charge under Sections 498A and 406 IPC but was convicted under Section 326A IPC wherein it was found on the basis of evidence by PW1 and PW2 both medical jurist that injured sustained injuries on lower part of body up to the extent of 28% to 30%. At this stage, it is not possible to opine on contradictions and discrepancies as pointed out by learned counsel for the appellant but without expressing any opinion, I am of considered view that a substantial part of sentence has already been undergone, therefore, it is a fit case, wherein bail may be granted, therefore second application under Section 389(1) of Cr.P.C. is allowed and sentence of accused-appellant- Khemchand S/o Shri
[2023:RJ-JP:14696]
[SOSA-332/2023]
(3 of 3)
Budharam is suspended till disposal of appeal with the condition that he would executes a personal bond in the sum of Rs.50,000/with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 21.12.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
Misc. Application stands disposed of.
(ASHOK KUMAR JAIN),J
Arun/55
1 issue framed by the court
Whether the appellant is entitled to suspension of sentence in the first appeal.
1 provisions across 1 enactments
Khemchand S/o Shri Budharam
State Of Rajasthan
Ashok Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
