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IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, Devendra Kachhawaha, JJ.
Bajrang Meghwal - Appellants
Vs.
State of Rajasthan - Respondent
D.B. Criminal Misc. Suspension of Sentence Application (Appeal) Nos. 495 and 295 of 2020
Decided On : 26-02-2021
Criminal Procedure Code, 1973 - Section 161 - Indian Penal Code, 1860 - Sections 302 r/w109 and 120B – Offence of Criminal Conspiracy and Murder – Convicted - Suspension of sentences - Alleging inter alia that on the very same day, his father was proceeding from their home towards bus stand - He had reached near Government School, where appelants, all armed with pistols/firearms, were waiting from before - They surrounded his father and started firing at him - Data Ram fired his weapon and resultant gunshot hit his father on the head. Appellant fired from his weapon which hit on abdomen of his father - On hearing commotion, informant, his brother and other people rushed to spot - Held, Court opinion that appellants have available to them strong and justifiable grounds so as to assail the impugned Judgment of conviction - Hearing of appeal is likely to consume time - Making it clear that any of the observations made in this order shall not be treated prejudicing the merits of case when appeals are finally heard and decided, court are inclined to accept these applications for suspension of sentences and enlarge appellants on bail during pendency of appeal - Each to the satisfaction of learned trial Judge for their appearance in this court and whenever ordered to do so till the disposal of appeal on conditions indicated below - Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in trial court – Applications allowed.
JUDGMENT :
Sandeep Mehta, J.
1. Heard learned counsel representing the applicants appellants, learned Public Prosecutor and the learned counsel representing the complainant. Perused the impugned Judgment as well as the record.
2. These two applications for suspension of sentences have been preferred on behalf of the appellants applicants who have been convicted and sentenced as below vide Judgment dated 10.12.2019 passed by the learned Additional Sessions Judge, Bhadra, District Hanumangarh in Sessions Case No. 20/2015 (CIS No. 20/2015):
| Offences | Sentences | Fine | Fine Default sentences |
| Section 147 IPC | 2 Years’ R.I. | Rs.500/- | 1 Months’ S.I. |
| Section 148 IPC | Section 148 IPC | Rs.1000/- | 2 Months’ S.I. |
| Section 341 IPC | 1 Months’ R.I. | Rs.500/- | 5 Days’ S.I. |
| Section 302 IPC | Life Imprisonment | Rs.5,000/- | 2 Years’ S.I. |
Prabhati, Date Ram, Bittu, Rajendra @ Ghamiya
| Offences | Sentences | Fine | Fine Default sentences |
| Section 147 IPC | 2 Years’ R.I. | Rs.500/- | 1 Months’ S.I. |
| Section 148 IPC | 3 Years’ R.I. | Rs.1000/- | 2 Months’ S.I. |
| Section 341 IPC | 1 Months’ R.I. | Rs.500/- | 5 Days’ S.I. |
| Section 302/149 IPC | Life Imprisonment | Rs.5,000/- | 2 Years’ S.I. |
| Section 3/25 of the Arms Act | 3 Years’ R.I. | Rs.1,000/- | 1 Month’s S.I. |
| Section 27 of the Arms Act | 3 Years’ R.I. | Rs.1,000/- | 1 Month’s S.I. |
3. Learned Public Prosecutor was given ample opportunity for filing reply to the applications for suspension of sentences but he has chosen not to do so.
4. Shri Moti Singh, learned counsel representing the complainant has filed an affidavit regarding the previous criminal conduct of the accused. A counter affidavit of Bhim Singh (brother of the accused appellant Bajrang Singh) has been filed wherein, it has been narrated that the accused appellant Bajrang Singh has been acquitted in most of the criminal cases registered against him till date.
5. Brief facts relevant and essential for decision of the two applications for suspension of sentences are narrated herein below:
6. The complainant Mahesh (PW-1) lodged a written report (Ex. P/1) to the SHO, Police Station Bhirani, District Hanumangarh at 03.15 p.m. on 27.01.2015 at the Community Health Center, Hisar alleging inter alia that on the very same day at about 12.15 pm., his father Ramswaroop was proceeding from their home towards the bus stand. He had reached near the Government School Jhansal, where Bajrang Meghwal, Chandrabhan, Prabhati, Dataram, Bittu and Ghamiya, all armed with pistols/firearms, were waiting from before. They surrounded his father Ramswaroop and started firing at him. Data Ram fired his weapon and the resultant gunshot hit his father on the head. Bajrang fired from his weapon which hit on the abdomen of his father. On hearing the commotion, the informant, his brother Rajendra, Kuldeep and other people rushed to the spot. On seeing them, the accused persons escaped in the nearby lanes. He and his brothers checked his father on which, Bajrang exhorted that he would kill all. His father was taken to the Chhani Bari Hospital. The doctor at Chhani Bari referred him to the Hisar Hospital for treatment. While they were on the way, his father passed away. His father had been attacked by Bajrang and others with firearms due to which, he expired.
On the basis of this report, an FIR No. 10/2015 (Ex. P/2) came to be registered at the Police Station Bhirani, District Hanumangarh for the offences under Sections 302, 147, 148, 149 and 341 IPC. After investigation, a charge-sheet was filed against the accused Prabhati, Data Ram, Bittu and Rajendra @ Ghamiya for the offences under Sections 302, 341, 147, 148, 149 and 120B of the IPC and Sections 3/25 and 27 of the Indian Arms Act and against the accused Bajrang and Lal Chand for the offences under Sections 302, 147, 148, 149, 120 and 109 of the IPC in the Court of the J
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