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[2026:RJ-JD:48715-DB]

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

No. 1193/2026 in D.B.Criminal Appeal No.103/2026 CNR: RJHC010634092026 | URN: SOSA / 2710U / 2026 Mohan Lal S/o Manphool Ram, Aged About 48 Years, R/o Dhani Kishanpura Police Station Suratgarh District Sriganganagar (Presently Lodged In Sub Jail Suratgarh)

----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Nishant Bora, Adv.

For Respondent(s) : Mr. S.S.Rathore, PP Mr. P.K.Rawla on behalf of Mr. D.L.Rawla, Adv.

HON'BLE MR. JUSTICE MUNNURI LAXMAN HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

REPORTABLE 05/10/2026

1) The present application is filed seeking suspension of the sentence and enlargement of the applicant-appellant on bail pending the appeal.

2) The applicant-appellant has preferred the criminal appeal against the judgment of conviction and sentence dated 25.03.2026 passed by the learned Additional Sessions Judge, Suratgarh, District Sri Ganganagar, in Sessions Case No. 19/2018 (CIS No. 19/2018), whereby the applicant-appellant was convicted for the offences punishable under Sections 302 and 450 of the IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 1,00,000/- for the offence under Section 302 of the IPC, and rigorous imprisonment for a period of 10 years and a fine of Rs. 10,000/- for the offence under Section 450 of the IPC. In default of payment of fine, the applicant-appellant was directed to undergo simple imprisonment for a period of three months and one month, respectively. All the sentences were ordered to run concurrently.

3) The prosecution case in brief is that the accused, Mohan Lal, is the elder brother of Nanu Ram. On 17.05.2018, the deceased, Ram Pal, allegedly eloped with Ritu, the wife of Nanu Ram. Mohan Lal, the present accused, allegedly bore a grudge against the deceased on account of the elopement of his younger brother’s wife. On the date of the incident, i.e., 26.05.2018, sometime between 11:00 a.m. and 3:20 p.m., the accused allegedly entered the house of Jotram Jat, where the deceased was taking shelter at Kishanpura Dhani, and attacked him with a hammer, causing a fatal injury that resulted in his death. An FIR was lodged at Police Station Suratgarh City, being FIR No. 243/2018, for the offence punishable under Section 302 of the IPC. After investigation, a charge-sheet was filed for the offences punishable under Sections 302 and 450 of the IPC. Charges were framed against the accused on the basis of the allegations, and, ultimately, he was convicted and sentenced as indicated hereinbefore.In the aforesaid background, the applicant-appellant has preferred the criminal appeal before this Court.

4) Learned counsel for the appellant has submitted that the entire case of the prosecution rests upon circumstantial evidence and that there is no direct eyewitness to the incident. According to learned counsel, the first circumstance relied upon by the prosecution is the chance fingerprint found on a steel jug at the place of occurrence, which was proved to be that of the accused- appellant. The second circumstance is the presence of blood of Group B, allegedly belonging to the deceased, on the recovered hammer and on the blood-stained shirt of the accused. It is further submitted that the prosecution has relied upon the alleged confession of the accused leading to the recovery of the hammer, as well as his conduct immediately after the incident, i.e., his surrender before the police and the making of a confessional statement leading to the recovery of the hammer. According to learned counsel for the appellant, the learned trial court has failed to properly appreciate the aforesaid circumstances and to examine whether they formed a complete and unbroken chain of circumstances pointing towards the guilt of the accused and ruling out every possibility of his innocence. He submits that upon close scrut