TILOK RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

(2.) The instant applications seeking suspension of sentence have been preferred against the judgment of conviction and sentence awarded to the accused-applicants/appellants vide order dtd. 17/3/2021 passed by the learned Additional District and Sessions Judge, Merta in Sessions Case No.05/2017, for the offences under Ss. 395, 397, 458, 459, 460, 323, and 307 read with Sec. 120-B IPC. Accused Kailash was convicted for the offence under Sec. 7/27 of the Arms Act as well. The said accused Kailash is not before this Court in the present applications for suspension of sentence. However, charge against accused Kailash under Sec. 3/25 of the Arms Act was dropped by the learned trial court vide the impugned judgment.

(3.) Learned counsel for the accused-applicants/applicants submits that complainant, Rajuram Jat, filed a complaint at Police Station Gotan alleging that about 8-10 persons broke into his Dhani/residence (where he was residing with his family) on 3/9/2016, at about 01:30 a.m. and lit a fire to the residence, and stole gold ornaments and electronic gadgets, and also, opened gun fire upon his family members and other residents. And that, basis the same, an F.I.R. bearing No. 218/2016 was registered against the accused for the offences under Ss. 395, 307, 323 and 458 IPC and Sec. 3/25 of the Arms Act; after investigation, challan was filed against as many as eight accused persons before the learned trial court for the offences viz. Ss. 395, 397, 323, 458, 459, 460 and 307 read with Sec. 120-B IPC; out of the said accused person, challan was filed against accused Kailash for the offences under the Arms Act viz Ss. 3/25 and 7/27 as well; the learned trial court, in turn, framed charges against the appellants and others, and subsequently convicted and sentenced them accordingly.