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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, SUNIL BENIWAL
Anda Ram, S/o. Shri Gajja Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The appellants-applicants herein have been convicted and sentenced for the offences under Sections 147, 148, 448, 323, 325, 341, 302 r/w 149 of IPC vide judgment dated 26.09.2024 passed by the learned Additional Session Judge, Pali in Sessions Case No.68/2015 :
2. The appellant-applicants have preferred the application for suspension of sentence under Section 389 Cr.P.C. for suspension of sentences during the pendency of the appeal and for release on bail.
3. Brief facts of the case indicate that the incident occurred on 23.06.2013 at about 8:30 P.M. The parties involved were close relatives engaged in a property dispute, specifically regarding a water storage tank. It is alleged that the accused persons, with common intention, attacked the deceased with an axe, dharia and lathis, causing his death.
4. Learned counsel for the applicant-appellants submits that there is a cross case and cross injuries, and both the families emanate from the same ancestor. He further submits that there is not even a single injury of incised nature from a sharp weapon on the body of the deceased or the complainant party.
4.1 Learned counsel has drawn this Court's attention to the statement of PW-
The court ruled that the lack of specific injuries and the familial context indicated no premeditated intent to kill, justifying the suspension of sentence during appeal.
The court ruled that absence of direct evidence does not negate the applicability of Section 149 IPC and that suspension of sentence post-conviction requires clear justification beyond lack of prior ....
The court established that the suspension of a sentence can be granted based on the merits of the appeal and the circumstances surrounding the case, including the nature of the evidence presented.
Suspension of sentence granted based on long-term incarceration and lack of immediate appeal prospects in a serious case of culpable homicide.
The court allowed the suspension of sentence for accused-applicants pending appeal, emphasizing their prior bail status and involvement of a co-accused.
Knowledge of the victim's caste is essential for conviction under the SC/ST Act, and insufficient evidence regarding intent to murder undermines the conviction under Section 307 IPC.
Suspension of sentence is justified when accused are on bail during trial, and cases involve complexities requiring prolonged appeal processes.
The court ruled that the duration of custody and the nature of injuries justified the suspension of the appellant's sentence pending appeal.
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