HEMRAJ MALABHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.

(2.) By way of this application under Sec. 430(1) of BNSS, 2023, the applicants herein seek suspension of sentence awarded to them for the offence punishable under Ss. 147, 148, 149, 302, 34, 120-B of the Indian Penal Code by the judgment and order of sentence dtd. 31/7/2025 passed in Sessions Case No.21 of 2011 by the learned 3rd Additional Sessions Judge, Sabarkantha - Idar whereby, the applicants herein was convicted and sentenced as under:

(3.) The applicants accused was tried and prosecuted for the offence of murder. As per the case of prosecution, the applicant-accused by keeping grudge over the previous dispute by hatching a conspiracy having armed with lethal weapons like axe and stick attacked on brother of the complainant and caused multiple injuries on various parts of the body and thereby caused his death. The offence of murder being registered against the applicant accused and upon filing the chargesheet, he was put on trial and at the end, the court found him guilty for the offences as referred above.