KALYAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These applications seeking suspension of sentence have been filed by applicants, namely, Kalyan Singh, Gajendra Singh, Ishwar Singh S/o Bheru Singh and Ranjeet Singh in relation to judgment passed by Additional Sessions Judge, Sagwara, District Dungarpur dtd. 12/5/2023 passed in Session Case No.36/2018 (Old No.33/2016 & 25/2016), whereby the applicants have been convicted for offences under Ss. 147, 323/149, 458, 364, 302/149, 120-B and 201/149 of IPC and sentenced as infra: <IMG>JUDGEMENT_159_LAWS(RAJ)10_2023_1.jpg</IMG>

(2.) Learned counsel for the applicants made submissions that the trial court committed grave error in convicting the applicants for the offences alleged. It was emphasized that Challan was filed against as many as 26 accused, out of which 5 including applicants have been convicted and rest of them have been acquitted. It was further submitted that initially Challan was filed against 15 persons and investigation was kept pending against rest of the accused under Sec. 173 (8) Cr.P.C. Whereafter, after three years, second Challan was filed against 3 persons and more than one and half year, after filing of second Challan, third Challan was filed against 8 persons. It was submitted that while against Kalyan Singh and Gajendra Singh, Challan was filed in the first instance against Ranjeet Singh and Ishwar Singh, the same was filed after four and half years of the incident, which it is alleged, was committed on 4/3/2016.

(3.) It was emphasized that when written report dtd. 5/3/2016 (Ex.P/1) was filed by the mother-in-law of the deceased, the allegations were made against Laxman Singh, Praveen Singh and 30-35 other persons from their family, whereby Praveen Singh and Laxman Singh etc. took away the deceased and after pouring kerosene over her, she was burnt to death.