[2026:RJ-JP:2354-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 1589/2025 In D.B. Criminal Appeal No. 477/2024 Gokul S/o Purilal, Aged About 22 Years, R/o Palkhanda Police Station Ghatoli District Jhalawar(Raj)(At Present Confined In Sub District Jail Aklera District Jhalawar (Raj) ----Accused/Appellant Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Naresh Kumar Gupta, PP Ms. Neha Goyal HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI Order 20/01/2026 The accused-applicant (for short, ‘the applicant’) has been convicted and sentenced by the learned Additional Sessions Judge, Aklera, District-Jhalawar (for short, ‘the learned trial Court’) vide judgment dated 29.11.2024 as under:- 1. Section 341 IPC: One month’s simple imprisonment and fine of ₹500/- in default whereof, five days’ additional simple imprisonment. 2. Section 302, 302 read with Section 34 IPC: Life imprisonment and fine of ₹25,000/- in default whereof, one year’s additional rigorous imprisonment. [2026:RJ-JP:2354-DB] (2 of 3) [SOSA-1589/2025] Both the sentences to run concurrently. Learned counsel for the applicant, inviting attention of this Court towards his injury report (Ex.P-18), would submit that he has received an incised wound on middle of his head which was inflicted by the deceased and he, in exercise of his right of private defence, in turn, inflicted a blow on the head of deceased. Learned counsel submits that although, as per the prosecution case, he himself and co-accused Ghisa Lal have inflicted injuries on the person of the deceased; but, as per the postmortem report of body of the deceased (Ex.P14), there was only one injury on his head. He submits that co-accused Ghisa Lal has been extended benefit of suspension of sentence, he has no criminal antecedents and hearing of appeal is likely to take time. He, therefore, prays for suspension of sentence awarded to him by the learned trial Court. Per contra, learned Public Prosecutor opposed the prayer. Heard. Considered. As per the postmortem report (Ex. P14), there is a lacerated wound on left parieto-occipital region of skull of the deceased which resulted into fracture of mid occipital bone, extradural haematoma in left parietal occipital region as well as subdural haematoma in both parietal and occipital region with a thin layer of subarachnoid haematoma in left parietal region. Cause of death is coma due to antemortem head injury. As per Smt. Mehtab Bai (PW-2)-eye-witness and wife of the deceased and Shri Biram (PW- 15)- minor son of the deceased aged about 15 years, this injury, inflicted with blunt weapon, is attributed to the applicant. [2026:RJ-JP:2354-DB] (3 of 3) [SOSA-1589/2025] A perusal of the judgment dated 29.11.2024 reflects that as per Forensic Science Laboratory Report dated 17.09.2019, on the ‘baniyan’ of the deceased and ‘Sabbal’ (an iron rod) recovered at the instance of the applicant, human blood of group ‘A’ was found substantiating the allegation against him. Although, co-accused Ghisa Lal has been extended benefit of suspension of sentence; but, a perusal of the order dated 20.02.2025 passed by Coordinate Bench of this Court, reflects that his case is distinguishable from the case of the applicant. Submission of the learned counsel for the applicant based on right of private defence is not prima facie tenable primarily in view of nature of injury on his head being simple. Even otherwise, it is matter of appreciation at the time of hearing of the appeal. In view of the aforesaid discussion, we do not find it just and proper to extend the benefit of suspension of sentence to the applicant. Resultantly, the suspension of sentence application is dismissed. (CHANDRA PRAKASH SHRIMALI),J (MAHENDAR KUMAR GOYAL),J Tahir/14