HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal)

No. 1790/2025 Panna Ram S/o Sh. Sheoji Ram, Aged About 40 Years, R/o Village Dhani Mamdoli, Kalwa-Bada, Tehsil And P.s. Makrana, Dist. Nagaur (Raj.) (Presently Lodged In Central Jail, Ajmer)

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Bhagu Ram S/o Sh. Suja Ram, R/o Village Dhani Mamdoli, Kalwa-Bada, Tehsil And P.s. Makrana, Dist.

Nagaur (Raj.)

----Respondents For Petitioner(s) : Mr. Gopal Sandu For Respondent(s) : Mr. Rajesh Bhati, PP HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

06/11/2025

1. The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 18.10.2023 passed by the learned Additional Sessions Judge Makrana, District Nagaur in Sessions Case No.18/2020:

Offence Sentence Fine

302 IPC Life Imprisonment Rs.1,00,000/- and in default of which to further undergo six months’ S.I.

201 of IPC One year Rs.1,000/- and in default of Imprisonment which to further undergo one month’s S.I.

2. The appellant-applicant has preferred an application under Section 389 Cr.P.C. for suspension of sentences during the pendency of the appeal and for release on bail.

3. The prosecution case, in brief, is that on 26.09.2019, the complainant, who is the grandson of the deceased Prakash, lodged a report at Police Station Makrana, alleging that the deceased had received a phone call and thereafter left home. When he did not return even after several hours, his family members became anxious. On the following evening, i.e., 27.09.2019 at about 07:00 PM, the present appellant, Panna Ram, informed that a dead body was lying on Borawar–Sabalpura Road near Pratap Ji ki Dhani. Upon reaching the spot, the police recovered the body, which was later identified as that of the deceased Prakash. During investigation, the appellant was arrested, and on the basis of the circumstantial and electronic evidence collected, including CCTV footage from the toll plaza showing the appellant and the deceased together around 10:28 PM on the night of 26.09.2019, and an alleged extra-judicial confession, the charge-sheet was filed. The trial culminated in the conviction and sentencing of the appellant as indicated above.

4. Learned counsel for the appellant submits that though the earlier application for suspension of sentence, bearing No. 1583/2023, was not pressed, the appellant now seeks to advance the present application on merits. Upon being permitted, learned counsel submits that the complainant, who happens to be the grandson of the deceased, lodged a report on 26.09.2019, alleging that the deceased, Prakash, had received a telephonic call and thereafter left his residence. When the family members made enquiries around 10:00 PM on the same night, the deceased informed them that he would return within half an hour; however, when he did not return, suspicion arose regarding his well-being. Subsequently, on the next evening, i.e., 27.09.2019 at about 07:00 PM, the present appellant is alleged to have informed that a dead body was lying on Borawar–Sabalpura Road near Pratap Ji ki Dhani, pursuant to which the police reached the spot and recovered the body of the deceased.

4.1. Learned counsel for the appellant submits that the conviction of the appellant rests solely upon the “last seen together” circumstance, and that there is no direct evidence connecting the appellant with the commission of the alleged offence. It is contended that the prosecution has failed to prove its case beyond reasonable doubt, as the testimonies of material witnesses, particularly PW-1 Nagender Singh, PW-2 Sushil Puri, PW-9 Ganesh Ram, and PW-20 Jitender Singh, are inconsistent and contradictory on material particulars. Learned counsel further assails the reliance placed upon the alleged extra-judicial confession, submitting that the same is inherently weak, uncorroborated, and unworthy of reliance.

4.2. Learned co