[2026:RJ-JP:2378-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension of Sentence Application (Appeal)

No. 2400/2025 IN D.B. Criminal Appeal Number 430/2025

1. Dilipsingh S/o Mangusingh, Aged About 21 Year, 2. Govindsingh S/o Chatarsingh, Aged About 25 Years, 3. Sardarsingh S/o Nathusingh, Aged About 28 Years, all R/o Jamuniya Kheda, Police Station Dug, District Jhalawar, (Raj.)

(All are at present confined In Central Jail Kota)

----Accused-appellants Versus The State of Rajasthan, through its Public Prosecutor ----Respondent For Petitioner(s) : Mr. A.K. Gupta, Sr. Adv. assisted by Mr. Gorang Agarwal Mr. S.P.S. Chouhan For Respondent(s) : Mr. Naresh Goyal, PP with Mr. Vinod Sharma HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI

Order

20/01/2026 The accused-applicants (for short, ‘the applicants’) have been convicted and sentenced by the learned Special Judge, S.C./S.T. (Prevention of Atrocities Cases), Jhalawar (for short, ‘trial Court’) vide judgment dated 18.09.2025 as under:

1. Under Section 147 IPC: Two years simple imprisonment and fine of Rs. 5,000/- in default thereof, one month additional imprisonment.

2. Under Section 341 IPC: One month simple imprisonment.

3. Under Section 323/149 IPC: One year simple imprisonment.

4. Under Section 325/149 IPC: Seven years simple imprisonment and fine of Rs. 20,000/- in default thereof, two months additional imprisonment.

5. Under Section 302/149 IPC: Life imprisonment and fine of Rs. 1,00,000/- in default thereof, six months additional imprisonment.

Sentences to run concurrently.

Learned Senior Counsel for the applicants, inviting attention of this Court towards the injury report of deceased-Lalulal (Ex.- P/26) and also his inquest report (Ex.P/4), would submit that he had received only three injuries including one lacerated wound on occipital region and as per Dr. Ramavtar Degda (PW-21), who has prepared the injury report, except three injuries on the body of the deceased, there was no mark of any other injury, whereas, as per Dr. Bhawesh Bohra (PW-20) who has conducted the autopsy, ten injuries were found on the body of the deceased as is also reflected from the post-mortem report (Ex.P/23). The (Ex.P/23) reflects three injuries on head of the deceased; one lacerated wound on middle of the fronto parietal region, one stitched lacerated wound on left parietal region and one abrasion on left forehead. Learned Senior counsel submits that indisputably, the Investigating Officer, who conducted the investigation till preparation of the injury report and the post- mortem report, did not appear in the witness box depriving the applicants their valuable right of cross-examination. He further submits that although, as per the prosecution case, five accused persons have mercilessly beaten the deceased but, he has received only three injuries on his body out of which, two were found to be simple in nature. Lastly, he submits that they were on bail during trial, have no criminal antecedents, hearing of the appeal is likely to take time and prays that the sentence awarded to the accused, vide judgment dated 18.09.2025, is suspended during pendency of the appeal.

Learned Public Prosecutor opposed the prayer.

Heard. Considered.

As per the testimony of the injured witnesses, namely Sh.

Shyamlal (PW-1) and Smt. Mangibai (PW-11)-son and wife of the deceased respectively, the deceased was seriously beaten by five accused persons including the applicants but, the inquest report (Ex.P/4) as well as the injury report (Ex.P/26) reflect only three injuries on his body; one lacerated wound on occipital region as also on right leg and one abrasion on right hand palm. Dr. Ramavtar Degda (PW-21) has categorically deposed that except the aforesaid three injuries, he found no mark of any other injury. However, the post-mortem report of the body of the deceased (Ex.P/23) reflects ten injuries including one lacerated wound on mid fronto parietal region, a