MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) We have heard Mr. K.K. Mehrishi, Senior Advocate with Mr. S. Laddha for the accused petitioner Hari Prasad and Mr. Arvind Bhardwaj for accused petitioners Mohan and Sheo Pal, both sons of Jamna Lal and Kishna S/o Heera and also learned Public Prosecutor for the State.

(2.) All the material evidence, including the statements of eye witnesses have been perused. Admittedly this is a case of free fight, in which two F.I.Rs. were lodged on 13.1.1992, by Prahlad, one of the immediate neighbours of the accused vide Ex. P 2, while the occurrence is dated 12th of Jan., 1992. There were three injured eye witnesses viz. Kishan, Kanhaiya and Shambhu. Out of 16 accused, who were implicated by the prosecution, seven were not charge sheeted by the prosecution, while out of the remaining nine, one Jamna Lal died during the trial and four have been convicted out of eight. The present applicants were convicted under Sections 147, 148, 323, 324, 326, 302/149 and 307/149 IPC. Various weapons of offence like guns, lathies, gandasies, axes and dharias have been attributed to the accused. So far as the present applicants are concerned, they are alleged to have caused injuries to the deceased Kishan, s/o Pokhar, with Dharia and Gandasi, though the recovery of Dharia and Gandasi have been effected but admittedly, there is no F.S.L. report, from which it can be ascertained as to whether weapons of offence are the same or they contained human blood. Since this fact can only be established only by the Serologist Report. Be that as it may, without expressing any opinion on the merits of the case at this stage and also having regard to the fact that accused Mohan sustained grievous injuries apart from the other applicants who are injured witnesses, we are of the view that it is a fit case for suspension of sentence.

(3.) Accordingly, applications for suspension of sentence are allowed and it is ordered that the sentence passed by the learned Additional Sessions Judge No. 2 Bundi, by the impugned judgment dated 29.8.2000 against appellants Hari Prasad (in D.B. Cr. Appeal No. 516/2000) and Mohan and Sheopal, both sons of Jamna Lal and Kishan s/o Heera (in D.B. Criminal No. 548/2000) be suspended till the final disposal of these Criminal Appeals, provided, they furnish a personal bond in the sum of Rs. 30,000.00 (Rs. thirty thousand only) with two sureties in the sum of Rs. 15,000.00 each, to the satisfaction of the learned trial Judge. The appellants are directed to appear before this Court on the next date i.e. on 16.12.2000, and thereafter whenever ordered to do so. Application allowed.