RAJNISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer made in the application filed by applicant Rajnish is for suspension of his sentence of imprisonment.

(2.) The applicant stands convicted under Sec. 307 Penal Code and sentenced to undergo imprisonment for ten years. He is also convicted under Sec. 27 of the Arms Act and sentenced to undergo imprisonment for seven years.

(3.) Learned counsel for the applicant has submitted that though according to the prosecution, the applicant had fired at complainant-Sachin yet PW5 Dr. Lalit Chopra, Medical Officer did not notice any fire arm injury during his medico-legal examination. Only multiple pin head size red colour bruises were found present over the face involving the forehead, both the maxillary areas of the face, nose and chin. It is further submitted that at the trial of the case, complainant-Sachin, who was examined as PW1 as well as the two eye-witnesses, namely, PW2 Deepak and PW3 Shivam did not support the prosecution case. All of them were declared hostile and cross-examined by the Public Prosecutor. Despite the same, no incriminating material could be brought on record by the prosecution to connect the applicant with the commission of the crime. It is also submitted that the applicant has already undergone a period of about 1 1/2 years. As the appeal is likely to take a long time, the substantive sentences of imprisonment of the applicant be suspended.