IN THE SUPREME COURT OF INDIA

(CRIMINAL APPELLATE JURISDICTION)

SPECIAL LEAVE PETITION (CRL.) NO.    ______    OF ______

(Under Article 136 of the Constitution of India)

(WITH PRAYER FOR INTERIM RELIEF)

                                       POSITION OF PARTIES

                                       In the High Court         In this Court

BETWEEN:

___________,                                   Appellant No.2                Petitioner

Son of ________,

Sunari,

P.S.: Suneel,

District Jhalawar

Rajasthan

AND

State of ________                                Respondent                Respondent

IN THE MATTER OF:

PETITION FOR SPECIAL LEAVE TO APPEAL AGAINST THE JUDGEMENT AND FINAL ORDER DATED ________ PASSED BY THE HON’BLE HIGH COURT OF _______ IN CRIMINAL MISC. THIRD APPLICATION NO. ____ OF ____ IN CRIMINAL APPEAL NO. ____ OF _____

To,

THE HON’BLE CHIEF JUSTICE OF INDIA

AND HIS COMPANION JUSTICES OF THE

HON’BLE SUPREME COURT OF INDIA.

THE HUMBLE PETITION OF

THE PETITIONER ABOVENEMED

MOST RESPECTFULLY SHEWETH:

1.       The present Special Leave Petition is being filed under Article 136 of the Constitution of India against the impugned final judgement and order dated ________ passed by the Hon’ble High Court of ____ in Criminal Misc. Third Application No. ____ of ____ in Criminal Appeal No. ___ of ____ whereby the Hon’ble High Court dismissed the said Application filed by the Petitioner herein summarily on the premise that in the facts and circumstances of the present case there was no ground to suspend the sentence of the Petitioner.    A true copy of the said impugned order dated _________ is annexed hereto and marked as ANNEXURE ___.

2.       QUESTIONS OF LAW:

The present Special Leave Petition raises the following substantial questions of law of great public importance for consideration of this Hon’ble Court:

3.       That briefly stated the facts giving rise to the present Special Leave Petition are as follows:

3.1     That it is alleged that on ______ the Petitioner was time and again blowing the horn of his motor cycle in front of the house of one __________.  Thereafter on account of this a verbal altercation has ensued.

3.2     That it is further alleged inter alia against the Petitioner that on _______ at about ______ the said ___________ had gone to the river to take a bath.  At or about the time when they had washed their clothes, the Petitioner along with certain other persons namely ____________ and _________ (co-accused) arrived there.

3.3     That it is further alleged that the Petitioner and __________ were armed with “talwars” while the others were armed with “kulharis” and “lathis”. All the accused persons pulled out ____________ from the water and started beating him.

3.4     That the Petitioner is further alleged to have struck the said _____________ with a “talwar” on his hand and which allegedly resulted in the said hand of _____________ being cut off from the elbow.  ____________ is alleged to have inflicted injury on the thigh of _____________ with a “kulhari” and all other accused are also alleged to have inflicted injuries with “lakdi”, “kulhari” and “talwar” and thereafter they are alleged to have thrown __________ into the river and after which they ran away towards the village.

3.5     That it is the further case of the prosecution that thereafter _____________________, alleged to be related to the said _____________, removed the said ______________ from the river where he had been left by the accused persons and put him on a cot and brought him home.

3.7     That on ____________ a verbal complaint was lodged with the police by the daughter of ________ aged ______ years, inter alia, against the Petitioner.  The said ______ was at the instant time accompanied by one _____________.

3.8     That on the basis of above verbal complaint the police registered F.I.R. No. ____ of ____, under sections ______________.  A true copy of the said F.I.R. is annexed hereto and marked as ANNEXURE____.

3.9     That after completion of investigation the police filed Charge Sheet.

3.10   That the Ld. Trial Court framed charges, inter alia, against the Petitioner, under sections ____.   During the course of the trial the prosecution has examined ____ witnesses and after the surrender of co-accused __________ were examined and _____ and ____ were re-examined. The prosecution tendered various documents in support of its case. The statements of the accused including the Petitioner were recorded under section _____ Cr.P.C.  and _____ witnesses were produced in defense and Exhibit ____ to Exhibit ____ were also produced in defense.

3.11   That the Ld. Trial Court has vide its judgment and order dated ___________ convicted the accused persons including the Petitioner. A true copy of the said judgment and order dated ________ passed by the Ld. Trial Court is annexed hereto as ANNEXURE ___.

3.12   That the accused persons including the Petitioner have preferred an Appeal against their said conviction before the Hon’ble High Court of _____ in Criminal Appeal No. ___ of ___.  A true copy of the said Appeal filed by the Petitioner is annexed hereto and marked as ANNEXURE __.

The Appellants before the Hon’ble High Court including the Petitioner herein had, inter alia, also filed applications seeking the suspension of sentences handed over to them by the Ld. Trial Court in the pendency of the said Appeal

3.13   That the Hon’ble High Court has vide their order dated ______ been pleased to suspend the sentence of all the Appellants before it except the Petitioner herein.  The Petitioner craves leave to refer to and rely upon a copy of the said order dated ________ when produced.

3.14   That subsequently the Petitioner preferred a further application before the Hon’ble High Court seeking the suspension of his sentence however the same has also been dismissed vide order dated ______.  The Petitioner craves leave to refer to and rely upon a copy of the said order dated ________ when produced.

3.15   That a third application seeking the same relief of suspension of sentence has also been dismissed summarily by the Hon’ble High Court vide the impugned order.

GROUNDS

A.      Because the impugned order dated ___________ passed by the Hon’ble High Court is patently illegal and erroneous and the same deserves to be set-aside.

B.      Because the Hon’ble High Court has failed to appreciate that the conviction of the Petitioner is based solely on the basis of the testimony of highly interested and partisan witness and the conviction of the Petitioner is wholly unfounded.   Accordingly the conviction of the Petitioner under sections ___________ and the sentence awarded thereunder is wholly illegal.

C.      Because the Hon’ble High Court has failed to appreciate that the Petitioner has an extremely good prima facie case and there is every likelihood of the Appeal filed by the Petitioner against his conviction being allowed.

D.      Because the Hon’ble High Court ought to have considered the case of the Petitioner on parity with the other Appellants before it.  Having suspended the sentences of the other Appellants based upon the same facts as are applicable to the Petitioner herein the Hon’ble High Court has caused a miscarriage of justice.  The Hon’ble High Court was obliged to act fairly and consider the facts of the case, which do not make any distinction qua the role allegedly attributed to the Petitioner.

E.      Because the Hon’ble High Court ought to have considered the fact that the Criminal Appeal No. ___ of ____ filed by the Petitioner and pending hearing is not likely to reach hearing in the near future.  The weekly board released by the High Court lends credence to this fact.  The Petitioner ought to have been given the benefit in this regard of the matter and especially in view of the facts that there are several contradictions in the case of the prosecution.

F.      Because the Hon’ble High Court ought to have considered that the ___________ was not an eye witness at all.  It has come on record that she was not even present at the time of the alleged incident.   Despite this fact the Ld. Trial Court has proceeded to convict the Appellants and the judgment dated ____________is wholly illegal.

G.      Because the Hon’ble High Court failed to appreciate that the Ld. Trial Court has completely erred in disbelieving the statement of __________ and who has specifically stated that on the morning of the alleged incident _____ was in fact present ____________.  There is no basis or credibility to the fact that the said ______ was an eye witness to the alleged incident upon whose sole testimony the conviction of the Petitioner is based.   A true copy of the deposition of the said witness ____________l is annexed hereto and marked as ANNEXURE __.

H.      Because the Hon’ble High Court has failed to appreciate that the Ld. Trial Court has misdirected in disbelieving the statement of _____________ and has in fact proceeded to invent an altogether new story, seeking to state that since co-accused persons who after being released on bail had exercised their influence over ____________.  The conviction of the Petitioner on the basis of this probability and conjuncture and which is contrary to the facts as revealed during trial is wholly unfounded.

I.       Because the Hon’ble High Court ought to have appreciated that the ______________ on the record of the Trial Court being ____________and indicating her presence ____________, on the date and time of the alleged incident was credible and reliable and the conviction of the Petitioner disregarding the glaring facts is wholly illegal.

J.       Because it has been proved by ___________ that _________ was present ________.

K.      Because the Hon’ble High Court failed to appreciate that the Ld. Trial Court has proceeded to base the conviction of the Petitioner on the solitary testimony of _________ who is a highly partisan and interested witness.  In the absence of any corroboration no credence should have been placed on her testimony.  Moreover, credible motive has been attributed to the Petitioner to have committed the said act and his implication in the present case is wholly false and baseless.

L.      Because the Hon’ble High Court failed to appreciate that the Ld. Trial Court has erred in not considering the testimony of _________________ who has stated that ___________ was called from ______________ only after he and other persons had reached the riverside.  Despite this the Ld. Trial Court has proceeded to convict the Petitioner.  A true copy of the deposition of the said witness ____________ is annexed hereto and marked as ANNEXURE ___.

M.     Because there are material contradictions and inconsistencies in the version of prosecution witnesses despite which the Ld. Trial Court has erred in placing reliance on the same and has wrongly convicted the Petitioner.

N.      Because it is a matter of record that ______________ has stated that deceased _____________ had not sustained injury on the vital parts of the body.  No bone injury was found in injury ____________.  In injury _________ which was amputation of right hand, vein had cut and excessive bleeding resulted into Syncope.  It has further been stated by ____________that if timely treatment could have been given to Raghunath, he could have survived.  In these circumstances no case under-section 302 IPC can be said to be made out and the conviction of Petitioner under-section 302 in alternative 302/149 is wholly illegal.  A true copy of the deposition of the said witness __________ is annexed hereto and marked as ANNEXURE ___.

O.      Because no blood stains were found on the Kulhari, Talwar and Lathi recovered at the instance of the accused Appellants and the conviction of the Appellants is wholly illegal.

PRAYER

In the premises the Petitioner humbly prays that this Hon’ble Court may be graciously pleased to:

(a)     grant special leave to the Petitioner to appeal under Article 136 of the Constitution of India against the final impugned order dated ____________passed by the Hon’ble High Court of __________ in Criminal Appeal No. ____ of ____;

(b)     pass such other or further order(s) as this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case.

FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.

Drawn by:

Settled by:  _____________, Advocate

                                                                                       Filed by:

ADVOCATE FOR THE PETITIONER

__________

DRAWN ON:

FILED ON: