Allowed

Revant Ram @ Rati Ram v. State of Rajasthan

Rajasthan HC22 Sept 2023SOSA/724/2023

Case brief

AI extract

What is this about?

This order grants suspension of the substantive sentence of an appellant convicted of murder pending his criminal appeal. The court identified doubts regarding the causal relation between the recovered stick and the fatal injury, noted the lack of criminal antecedents, and the length of incarceration.

What did the court decide?

Suspension of substantive sentence and release on bail by executing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Revant Ram @ Rati Ram Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2023)

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[2023:RJ-JD:32046-DB]

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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. 724/2023

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D.B. Criminal Appeal No.101/2023

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Revant Ram @ Rati Ram S/o Chouthu Ram, Aged About 30 Years, R/o Jalasar PS Jamsar Bikaner (Lodged In Central Jail Bikaner)

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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. Bhawani Singh Mertiya.
For Respondent(s)	: Mr. B.R. Bishnoi,PP

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HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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22/09/2023

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The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 05.05.2023 passed by the learned Addl. Sessions Judge (Women Atrocities Cases), Bikaner in Sessions Case No.53/2018:

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Offence	Sentence	Fine
302 IPC	Life Imprisonment	Rs.25,000/- and in default of which to further undergo six months’ R.I.
449 IPC	Seven Years’ R.I.	Rs.10,000/- and in default of which to further undergo three months’ R.I.
323 IPC	One Year’s R.I.	Rs.1,000/- and in default of which to further undergo one month’s R.I.

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[2023:RJ-JD:32046-DB]

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[SOSA-724/2023]

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(2 of 4)

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The appellant-applicant has preferred the application for suspension of sentence under Section 389 Cr.P.C. for suspension of sentence during the pendency of the appeal and for release of the applicant on bail.

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It is submitted by learned counsel for the applicant-appellant that the trial court committed grave error in holding the applicantappellant guilty of the offence i.e. murdering his sister-in-law. 4. Submissions have been made that the entire case is based on the testimony of purported eye-witness PW-1 Deepika, wife of the applicant, who alleged being harassed for dowry and when the applicant, went to the house of deceased - Rekha where his wife Deepika was staying in a drunken stage and started beating them with a stick, which resulted in a fatal blow on the head of the deceased, resulting in the death.

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Submissions have been made that the entire allegations are made up, inasmuch as, the recovery of the stick vide Ex.-P/9 from the applicant is measuring about 2 ft. 10 inch, which in ordinary course cannot cause injury to the extent found in the postmortem report.

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Further submissions have been made that the applicant is in custody over 5 years 3 months and the hearing of the appeal is likely to take sufficiently long time and therefore, the sentence awarded to the applicant-appellant be suspended.

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Learned Public Prosecutor opposed the application for suspension of sentence with the submission that the statement of the eye-witness is sufficient coupled with the postmortem report, wherein the doctor has opined that the death was caused on

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[2023:RJ-JD:32046-DB]

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[SOSA-724/2023]

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(3 of 4)

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account of the said injury and therefore, his sentence may not be suspended.

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We have considered the submissions made by learned counsel for the parties and have perused the record of the case. 9. The nature of injury said to have been caused by the stick recovered from the applicant as described in the recovery memo, creates doubt regarding the cause of death on account of injury from the said object. 10. Besides the above, there are no antecedents of the applicant accused and he has already suffered incarceration for over 5 years and the appeal is likely to sufficiently long time and therefore, without commenting on merits of the case, we are inclined to suspend the substantive sentence of the appellant-applicant Revant Ram alias Rati Ram s/o Chouthu Ram, during the pendency of the appeal.

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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 the Addl. Sessions Judge (Women Atrocities Cases), Bikaner in Sessions Case No.53/2018 against the appellant-applicant Revant Ram alias Rati Ram s/o Chouthu Ram shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.50,000/- each with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance in this court on 20/10/2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:

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(4 of 4)

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[2023:RJ-JD:32046-DB]

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[SOSA-724/2023]

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That he 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 applicant changes 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.

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Similarly, if the sureties change his address(s) he will give in writing his changed address to the trial court.

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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 accusedapplicant 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-applicant does not appear before the trial court, learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(RAJENDRA PRAKASH SONI),J

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(ARUN BHANSALI),J

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45-Rmathur/-

Revant Ram @ Rati Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Revant Ram @ Rati Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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