Rajasthan High Court - Jodhpur
Ugrasen vs State Of Rajasthan on 20 February, 2017
Author: P.K. Lohra
Bench: P.K. Lohra
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B.Cr.Suspension of Sentence (Appeal) No. 17/2017
In
S.B.Criminal Appeal No. 28/2017
Ugrasen S/o Ram Lal, by caste Jat, resident of Peerkamadiya,
Tibbi Police Station, District Hanumangarh
(Lodged in District Jail, Hanumangar).
----Appellant-applicant
Versus
State of Rajasthan
----Respondent
_____________________________________________________
For Appellant-applicant : Mr. Ranjeet Joshi
For Respondent : Mr. L.R. Upadhyay, Public Prosecutor
for the State.
For Complainant : Mr. RDDS Kharlia with Mr. Trilok Singh.
_____________________________________________________
HON'BLE MR. JUSTICE P.K. LOHRA
Order 20/02/2017 Heard learned counsel for the appellant-applicant, learned Public Prosecutor and learned counsel for the complainant, and perused the impugned judgment as well as entire record of the case.
Appellant has preferred appeal against the impugned judgment rendered by Special Judge, Scheduled Castes and (2 of 3) [CRLA-28/2017] Scheduled Tribes (Prevention of Atrocities) Cases, Hanumangarh (for short, 'learned trial Court'), whereby learned trial Court has convicted appellant and other two accused persons for offences punishable under Sections 307/149, 459, 447 and 148 IPC and handed down maximum concurrent sentence of 10 years rigorous imprisonment each for offence under Section 307/149 and 459 IPC with fine of Rs.10,000/- for offence under Section 307/149 IPC and of equal denomination for offence under Section 459 IPC and in default of payment of fine to undergo simple imprisonment of one year each for both the offences.
Learned counsel for the appellant, while arguing on application for suspension of sentence, submits that learned trial Court has seriously erred in appreciation of evidence and prima facie there is no proof about any grievous injury to the victim on vital part of the body. It is also contended by learned counsel that acquittal of the appellant for offence under Section 3/25 (1-b)(a), 5/27 of the Arms Act is a fact of great significance to render conviction of the appellant per se vulnerable to facilitate suspension of sentence handed down by the learned trial Court. Lastly, learned counsel has also urged that the trial Court has also found that recovery of the weapon of offence is under serious clouds, is yet again a mitigating factor for exercising discretion in favour of appellant for suspension of sentence.
Per contra, learned Public Prosecutor has vehemently opposed the prayer for suspension of sentence while laying emphasis on the grave and serious nature of the offences for which the appellant is convicted.
(3 of 3) [CRLA-28/2017] Learned counsel for the complainant has also vehemently opposed the application for suspension of sentence.
Upon hearing learned counsel for the parties and perusal of the entire materials available on record, in my opinion, grave and serious nature of the offences, for which the appellant is indicted, cannot be overlooked. Indisputably, learned trial Court has recorded a finding of guilt against the appellant for offence under Sections 307/149 and 459 IPC. As regards the offence of attempt to murder, any act done with intention or knowledge and the circumstances mentioned under Section 307 IPC are relevant and not the result of the act done by the accused. Moreover, conviction of the appellant for offence under Section 149 IPC presupposes that his overt act with the other accused persons was with common object, which create a constructive or vicarious liability on all the members of unlawful assembly. That apart, conviction of the appellant, for offence of grievous hurt caused while committing lurking house trespass or house breaking, has also dissuaded this Court to exercise discretion for suspending the sentence. Therefore, viewed from any angle, I am not inclined to suspend sentence handed down to the appellant and consequently the application for suspension of sentence is hereby rejected.
(P.K. LOHRA) J.
arora/