[2025:RJ-JP:25017-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 329/2025 In D.B. Criminal Appeal No.74/2025 1. Sabudeen S/o Hussain, Aged About 80 Years, Pushkar Road Nosar P S Christianganj Distt Ajmer. 2. Laxmi @ Sababai W/o Salim, Aged About 45 Years, R/o Pushkar Road, Chungi Chowki Nosar Ghati, Police Station Christianganj, District Ajmer. (At Present Confined In Central Jail Ajmer). ----Applicants Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Applicant(s) : Mr. Vinay Pal Yadav For Respondent(s) : Mr. Sudesh Kumar Saini, PP with Mr. Aman Kumar HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL Order 08/07/2025 1. This is an application for suspension of sentence filed on behalf of applicants Sabudeen son of Hussain and Laxmi @ Sababai wife of Salim. 2. The applicants were acquitted for the offences under Sections 323 and 341 of I.P.C. but convicted under Section 302 of I.P.C. vide judgment dated 30.01.2025. Vide order of sentence dated 01.02.2025, were sentenced to undergo life imprisonment [2025:RJ-JP:25017-DB] (2 of 4) [SOSA-329/2025] with a fine of Rs.20,000/-. On failure to pay the fine, the accused had to undergo three months’ additional imprisonment. 3. The brief facts are that the FIR was registered at the instance of Ashif. As per the allegations, there was an altercation of Sabudeen, Laxmi @ Sababai, Koeli & Kamla with Hamida on 21.06.2017. The deceased - Reshmi intervened and sustained injuries, to which she was scummed. After investigation, charge- sheet was filed against Sabudeen and Laxmi @ Sababai only. The charges were framed under Section 302 read with Section 34 IPC; 323 read with 34 & under Section 342 IPC. 4. Learned counsel for the applicants relies upon the decision of the Supreme Court in the case of Subran @ Subramanian & Ors. Vs. State of Kerala reported in (1993) 3 SCC 32 decided on 24.02.1993 to contend that after having framed charge under Section 302 read with Section 34 IPC, the accused could not have been convicted under Section 302 alone. The submission is that PW-5-Hamida in her deposition stated that during the fight, she and deceased fell on the road. Reliance is placed on deposition of PW-10 - Dr. Ashok Mathur wherein, cross- examination it has not been ruled out that the fatal injuries to the deceased can be sustained by falling on a hard surface. The argument is that initially there was no fight with the deceased and it is not a case of premeditated attack and no motive can be attributed. Further, it is submitted that the accused were on bail during the trial. It is argued that Sabudeen is aged more than 80 years and has medical issues. [2025:RJ-JP:25017-DB] (3 of 4) [SOSA-329/2025] 5. Learned Public Prosecutor opposes the application and submits that a specific injury on the back of the head with a wooden log has been attributed to Sabudeen. 6. The photocopy of medical report of Sabudeen has been produced and the same is taken on record. 7. As per the custody certificate, the accused have no criminal antecedents and it is an admitted fact that they were on bail during trial. 8. The observation made hereinafter shall not be considered to be on merits and is only for the purpose of disposing of the application for suspension of sentence. The charges framed under Section 302 and 323 read with Section 34 and 342 IPC while judgment of conviction passed under Section 302 IPC. 9. Laxmi @ Sababai is a lady of about 45 years & Sabudeen is aged more than 80 years. The nature of allegations against Laxmi @ Sababai shall be the subject matter of appeal. 10. Considering that the applicants remained on bail during the course of trial, disposal of the appeal will take time but without commenting on the merits and demerits of the case, the application for suspension of sentence for both the accused- applicants is allowed. 11. Accordingly, application for suspension of sentence filed by the accused-applicants under Section 430 of B.N.S.S., 2023 is allowed and it is ordered that sentence awarded by the Additional Sessions Judge (Woman Atrocity Case), Ajmer vide judgment of conviction and order of sentence dated 30.01.2025 in Sessions Case No. 41/2018 against accused-applicants – Sabudeen and [2025:RJ-JP:25017-DB] (4 of 4) [SOSA-329/2025] Laxmi @ Sababai shall remain suspended till final disposal of aforesaid appeal and they shall be released on bail provided they executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Judge for their appearance in this court on 11.08.2025 and whenever ordered to do so till disposal of the appeal on the conditions indicated below:- a. After release of the accused-applicants, they shall not indulge in any criminal activity and if it is found that they are involved in any criminal activity, instant order shall be recalled. b. That they will appear before the trial Court in the month of January of every year till the appeal is decided. c. That if the applicants change place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court. d. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. (BHUWAN GOYAL),J (AVNEESH JHINGAN),J PAYAL DHAWAN /9