RAMPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Applicant/appellant namely Rampal seeks suspension of sentence of imprisonment as imposed upon him vide order dtd. 17/10/2018 pursuant to judgment dtd. 11/10/2018 passed by learned Additional Sessions Judge, Special Court at Central Jail-I, Hisar for having committed offences punishable under Ss. 343, 302 and 120-B of Indian Penal Code. He has been sentenced as under:

(2.) Learned counsel for the applicant/appellant submits that the applicant/appellant has been falsely implicated in the present case and as a matter of fact it is a case of natural death, as is borne out from the medical evidence in respect of all the 5 deceased. It has been submitted that while as per the report of Doctors, the deceased had died on account of 'asphyxia', the eye-witnesses, who are closely related to all the deceased excepting the deceased - Raj Bala, being the son, daughter, husband, father and uncle of the deceased, have resiled from their statements and all of them stated that the deceased were in fact already suffering from ailments much prior to the date of their deaths.

(3.) The learned counsel submitted that as a matter of fact the deaths occurred when the police admittedly lobbed tear gas shells at the 'dera' of applicant where a large number of disciples were present, on account of which conditions of suffocation developed leading to a stampede resulting in several persons falling down and ultimately lost their lives. It has further been submitted that there is no evidence to show that the applicant/appellant was in any way responsible for the death of the deceased. It has further been submitted that the applicant/appellant, who is presently aged about 74 years, has already undergone an actual sentence of more than 10 ^ years and since all of his other 13 co-accused have already been released on bail, the applicant/appellant also deserves the same concession on grounds of parity.