MOHANLAL VISHNOI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application has been filed on behalf of accused-appellants under Section 389 Cr.P.C. seeking suspension of the sentences awarded to them by the learned Trial Court.

(2.) Heard learned Counsel for the appellants, learned Additional-Advocate General as well as learned Counsel for the complainant and perused the material available on record.

(3.) Shri Vineet Jain, learned Counsel for the accused-appellants vehemently and fervently urges that even if the highest allegations of the prosecution as set out in the Parchabayan (Exh.P/11) of injured-Mohan Lal (PW-4) and in the sworn testimony of the material witnesses are evaluated, it is clear that the appellants herein were already present at the field in question with the co-accused persons. The members of the complainant party went to the field in the dead of night at about 11.15 PM under a pretext that they wanted to cultivate the same. Thereupon, a fight ensued wherein the co-accused Suresh and Gopi Ram allegedly assaulted and caused the fatal injuries to deceased-Kamlesh. He urges that the complainant party was the aggressor and hence even if the accused took to arms while resisting the illegal attempt of the complainant party in trying to cultivate their field then the accused-appellants exercised their right to private defence. Shri Jain, thus, urges that ex-facie invocation of Section 149 of I.P.C. for convicting the appellants was totally uncalled for and unjustified. He, thus urges that the appellants, who were on bail during the course of trial and did not misuse the liberty so granted to them, deserve indulgence of bail during pendency of the appeal.