High Court dismissed suspension of sentence application filed by murder convict. Court rejected argument that hostile witnesses or minor contradictions justify suspension, upholding life sentence for heinous offence despite long custody as per Shivani Tyagi precedent.
Application for suspension of sentence dismissed.
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.
[2024:RJ-JD:19759-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1363/2023
In
D.B. Criminal Appeal No.221/2023
Kalu Ram S/o Shri Gopi Ram, Aged About 22 Years, R/o Surothiya, P.s. Sandwa, Dist. Churu- Raj. (Presently Lodged In Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Vikram Singh Jaitawat |
|---|---|
| For Respondent(s) | : Mr. R.R. Chhaparwal, PP |
| Mr. Rajat Chhaparwal,AAAG |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order
Reserved on 06/05/2024 Pronounced on 07/05/2024
| Offence | Sentence | Fine |
|---|---|---|
| Section 302 IPC | Life Imprisonment | Rs.10,000/-and in default of |
| which to further undergo 06 | ||
| months’ S.I. |
(2 of 4)
[2024:RJ-JD:19759-DB]
[SOSA-1363/2023]
3.1. It was further submitted that as per the statement of PW-5 (son of the deceased), deposed that at the time of incident in question, the deceased was wearing kurta and paayejama , but the recovery memo clearly indicates that the recovery in question is that of jeans and T-Shirt, which casts a shadow of doubt in the prosecution story, and also reveals that all the evidence were implanted against the present applicant-appellant.
3.2. It was also submitted that the applicant-appellant has been in custody for last more than five years, including the period of remission. Thus, as per learned counsel, the applicant-appellant deserves the indulgence of suspension of sentence in the instant application.
4.1. It was further submitted that after the recovery, the clothes of the deceased were sent for FSL analysis, whereupon it was
[2024:RJ-JD:19759-DB]
[SOSA-1363/2023]
(3 of 4)
reported that the said clothes contained human blood and matched with the weapon used to commit the crime in question.
4.2. It was also submitted that the applicant-appellant had committed an offence of heinous nature and the learned Trial Court had rightly passed the judgment dated 29.09.2023, hence the sentence may not be suspended qua the present applicantappellant.
[SOSA-1363/2023]
[2024:RJ-JD:19759-DB] (4 of 4)
decided on 05.04.2024) , wherein it has been held that for exercise of the powers under Section 389 Cr.P.C., it would not be appropriate to consider only the factum of sufferance of incarceration for a particular period, rather the other relevant factors, including the gravity of the offence, also have to be taken into account. In the present case, the applicant-appellant has been in custody for more than five years, including the period of remission.
(YOGENDRA KUMAR PUROHIT),J (DR.PUSHPENDRA SINGH BHATI),J
SKant/-
2 issues framed by the court
Whether sentence should be suspended under Section 389 Cr.P.C. pending appeal despite custody exceeding five years?
Whether minor contradictions in prosecution witness deposition regarding clothes worn by deceased justify suspension of life sentence?
Colour shows how this judgement treated each authority
SHIVANI TYAGIExplained¶33
Shivani Tyagi Vs. State of U.P. & Anr.
2 provisions across 2 enactments
KALU RAM
STATE OF RAJASTHAN
PUSHPENDRA SINGH BHATI
YOGENDRA KUMAR PUROHIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
