Dismissed

Ram Kishor Son of Chhajuram v. State of Rajasthan

Rajasthan HC28 Nov 2024SOSA/1123/2024

Case brief

AI extract

What is this about?

The High Court dismissed an application for suspension of sentence filed by an accused person who remained in custody for over two years during trial. The court relied on postmortem reports and witness testimonies indicating the use of a sharp weapon (axe) causing head injuries, rejecting the defense that the weapon was blunt.

What did the court decide?

Application for suspension of sentence dismissed.

Ram Kishor Son of Chhajuram Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:48876-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 1123/2024

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D.B. Criminal Appeal No.36/2024

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Ram Kishor Son of Chhajuram, Aged About 45 Years, Resident of Reta Police Station Sikandara, District Dausa (Raj). (At Present In District Jail, Dausa).

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----Applicant

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Versus

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State of Rajasthan through P.P.

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----Respondent

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For Applicant(s)	: Mr. Vikram Singh Chauhan along with Mr. Anil Aggarwal
For Complainant(s)	: Mr. Ram Ratan Gurjar
For State	: Mr. Sudesh Saini, Addl. G.A. along
	with Mr. Kshitiz Tiwari

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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28/11/2024

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Accused/applicant has filed this application for suspension of sentence.

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Heard on application for suspension of sentence.

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It is contended by counsel appearing for the applicant that deceased sustained two injuries on the head, which as per PW-13, were caused by a blunt weapon. It is also contended that in the F.I.R., there is no mention that applicant was armed with axe. It is further contended that applicant was on bail during trial and has now remained in custody for a period of 2 years and 3 months.

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[2024:RJ-JP:48876-DB]

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[SOSA-1123/2024]

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(2 of 2)

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Learned Addl. G.A. as well as counsel appearing for the complainant have opposed the present application for suspension of sentence. It is contended that as per postmortem report, sharp injury was caused on the head of the deceased. PW-14, has also deposed that injuries were caused by sharp weapon. It is also contended that all the witnesses have deposed before the Court below that applicant was armed with axe and that applicant gave a blow of axe on the head of the deceased. Axe has also been recovered at the instance of the applicant, which was found having human blood.

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We have considered the contentions.

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Considering the postmortem report (Ex.P-8), statement of the doctors as well as injured and the complainant with regard to applicant causing injuries with axe on the head of the deceased, we are not inclined to entertain the present application for suspension of sentence.

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Accordingly, the present application for suspension of sentence is dismissed.

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(VINOD KUMAR BHARWANI),J

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(PANKAJ BHANDARI),J

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AMIT/60

Ram Kishor Son of Chhajuram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ram Kishor Son of Chhajuram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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