RAM BHAROS AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the accused-appellants as well as learned Public Prosecutor on the applications for suspension of sentence.

(2.) Learned counsel submit that the accused-appellants were on bail during trial. The trial Court has convicted the accused-appellants for the offence under Sections 147, 452, 436/149, 504, 427/149 IPC. and Section 3(1)(x) and 3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act of 1989"). The sentence of life imprisonment has been given to the accused appellants in ignorance of the evidence produced by the prosecution. They projected PW 1 - Priyanka, PW 3 - Gopi, PW 10 - Manoj and PW 11 - Vikas as eye-witnesses, however, in the cross-examination, they could not stand. The witnesses admitted that at the time of occurrence at around 10.00 AM, they were in school. PW 2 - Rajanti has stated that even PW 11 - Vikas was in school at the time of incidence. In view of the above, none of the witnesses has seen the occurrence.

(3.) It is also stated that the FIR was lodged against the complainant party to settle the score as prior to the alleged incidence for the offence under Sections 147, 452, 436/149, 504, 427/149 IPC. and Section 3(1)(x) and 3(2)(V) of the Act of 1989, a case was registered against the complainant party for the offence under Section 302 IPC. The allegation was made against the accused party therein for giving bribe to the police officer for releasing two accused. The fact aforesaid has come on record and only to settle the previous case, a false case was registered against the accused-appellants. None has seen any of the accused for causing fire or to damage the machine and even putting it in the well, yet the accused-appellants have been convicted and sentenced to life imprisonment. The prayer is accordingly to suspend the sentence, as hearing of the appeal is likely to take time.