[2023:RJ-JD:39591-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Criminal Misc Suspension Of Sentence Application (Appeal)

No. 808/2023

Kalyan Singh S/o Sh. Vagat Singh, Aged About 40 Years,

resident of Vill. Majavada, P.S. Dabok, Dist. Udaipur (Raj.).

(Presently lodged in Central Jail Udaipur)

----Applicant

Versus

1.

State Of Rajasthan, Through PP

2.

2/1.

2/2.

2/3.

2/4.

L.Rs. Of Late Lachchhi Ram

Logar Meena S/o Late Lachchhi Ram Meena, Resident of

Vill. Ramakhera P.S. Kharoda, Teh. Vallabhnagar, Dist.

Udaipur.

Smt. Dhuli Bai W/o Shri Hari Ram, D/o Late Lachchhi

Ram, R/o Lalawas, P.S. Akola, District – Chittorgarh

(Rajasthan)

Smt. Rakama Devi W/o Shri Dalu Ji, D/o Late Lachchhi

Ram, R/o Village Khalator, P.S. Kharoda, Teh.

Vallabhnagar, Dist. Udaipur.

Smt. Kailasi W/o Shri Lachhi Ram, D/o Late Lachchhi

Ram, R/o Village Modi, P.S. Kharoda, Teh. Vallabhnagar,

Dist. Udaipur.

----Respondents

Connected With

D.B. Criminal Misc Suspension Of Sentence Application (Appeal)

No. 814/2023

1.

Heera Lal S/o Sh. Teka Bheel, Aged About 70 Years,

Resident of Vill. Gupadi, P.S. Dabok, Dist. Udaipur (Raj.).

2.

Rajesh S/o Shri Devi Lal Nai, Aged about 47 years,

Resident of Vill. Gupadi, P.S. Dabok, Dist. Udaipur (Raj.).

(Presently Lodged In Central Jail, Udaipur).

----Applicant

Versus

1.

2.

2/1.

2/2.

State Of Rajasthan, Through PP

L.Rs. Of Late Lachchhi Ram

Logar Meena S/o Late Lachchhi Ram Meena, Resident of

Vill. Ramakhera P.S. Kharoda, Teh. Vallabhnagar, Dist.

Udaipur.

Smt. Dhuli Bai W/o Shri Hari Ram, D/o Late Lachchhi

[2023:RJ-JD:39591-DB]

(2 of 5)

[SOSA-808/2023]

2/3.

2/4.

Ram, R/o Lalawas, P.S. Akola, District – Chittorgarh

(Rajasthan)

Smt. Rakama Devi W/o Shri Dalu Ji, D/o Late Lachchhi

Ram, R/o Village Khalator, P.S. Kharoda, Teh.

Vallabhnagar, Dist. Udaipur.

Smt. Kailasi W/o Shri Lachhi Ram, D/o Late Lachchhi

Ram, R/o Village Modi, P.S. Kharoda, Teh. Vallabhnagar,

Dist. Udaipur.

----Respondents

For Petitioner(s)

:

Mr. S.S. Rathore

For Respondent(s)

:

Mr. B.R. Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MS. JUSTICE REKHA BORANA

Order

20/11/2023

1.

These suspension of sentence applications have been

preferred on behalf of the applicants/appellants, who have been

convicted and sentenced by the Special Judge, SC/ST (Prevention

of Atrocities) Cases, Udaipur in Special Case No.38/2015 (CIS

No.235/2015) vide judgment dated 06.07.2023. The

applicants/applicants have been sentenced as under :-

Offences U/S

Sentence

Fine

Sentence (in

default of

payment of

fine)

419/120-B

I.P.C.

3 Years’ S.I.

Rs.1,000/-

One month’s

Additional S.I.

420/120-B

I.P.C.

7 Years’ S.I.

Rs.5,000/-

Two months’

Additional S.I.

467/120-B

I.P.C.

Life

Imprisonment

Rs.10,000/-

Three months’

Additional S.I.

[2023:RJ-JD:39591-DB]

(3 of 5)

[SOSA-808/2023]

468/120-B

I.P.C.

7 Years’ S.I.

Rs.5,000/-

Two months’

Additional S.I.

3(2)(v) If

SC/ST Act

Life

Imprisonment

Rs.10,000/-

Three months’

Additional S.I.

2.

Learned counsel for the applicants/appellants have argued

that the learned trial court has grossly erred in convicting and

sentencing the applicants/appellants vide impugned judgment. It

is submitted that the allegation against the applicants/appellants

is to the effect that they impersonated complainant Lachchhi Ram

and sold his land without any authority while committing forgery.

It is argued that the complainant Lachchhi Ram has not been

examined during trial and the trial court solely on the basis of the

statement of the other prosecution witnessess as well as on the

basis of the FSL report, which is not conclusive, have convicted

and sentenced the accused applicants/appellants. It is also

submitted that the applicants/appellants were on bail during trial

and they have not misused the benefit of bail. It is also submitted

that there is not likelihood that the appeals preferred by the

appella