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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE SHREE CHANDRASHEKHAR, MR. JUSTICE CHANDRA SHEKHAR SHARMA, JJ
LIKHMA RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
This Suspension of Sentence application has been moved by the convict who has suffered punishment of life imprisonment and a fine of Rs.20,000/- under Section 302 of the Indian Penal Code and rigorous imprisonment of ten years' and a fine of Rs.10,000/- under Section 459 of the Indian Penal Code.
2. This is a case of killing of son by the father on account of some property dispute between them. In the trial the prosecution produced twelve witnesses out of whom the wife of the deceased Peera Ram and his daughter-in-law were produced as eye-witnesses.
3. The Sessions Judge at Jalore believed the testimony of P.W.2 Heera Devi who is the wife of the deceased and P.W.3 Jamna Devi who is the daughter-in-law of the deceased and held that the prosecution has been able to prove the charge under Sections 302 and 459 of the Indian Penal Code against Likhma Ram.
4. This Suspension of Sentence Application has been moved primarily on the ground of period of custody of the convict who has undergone about eleven years of actual custody by now.
5. Mr. Zeeshan Ali, the learned Amicus refers to the decision of Hon'ble Supreme Court in "Saudan Singh v. State of Uttar Pradesh" 2021 SCC OnLine SC 325
The court allowed the suspension of sentence based on the convict's lengthy custody and the nature of the dispute, emphasizing conditions for bail and future appearances.
The court upheld that minimal involvement in a crime justifies a liberal approach to suspending a sentence pending appeal under IPC provisions.
The court allowed the suspension of sentence for the appellant, emphasizing the importance of evaluating the duration of custody and justifying the conviction under relevant laws.
The failure of the victim to identify the convict-applicant is significant for considering bail suspension, highlighting the court's discretion in such matters.
The court may suspend a convict's sentence post-conviction based on custody duration and evidence merits, despite diminished presumption of innocence.
Suspension of sentence granted due to lack of evidence and maternal relationship to deceased.
The court may suspend a life sentence based on the duration of custody and circumstances of the case, even when evidence against the convict exists.
Suspension of sentence under Section 389 requires a strong case, considering the gravity of the crime and the applicant's past conduct, which was not established in this instance.
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