FARID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since both these 2nd suspension of sentence applications have been filed by the accused applicants Hajar S/o Nayab, Arshad son of Nayab and Farid son of Mamla, accused Appellants in S.B. Criminal Appeal No. 778 of 2009 filed by them challenging the order of conviction and sentence dated 18.7.2009 of Addl. Sessions Judge (Fast Track No. 4) Bharatpur, they are disposed by this common order.

(2.) The accused applicants by the judgment of the Addl. Sessions Judge (Fast Track No. 4) Bharatpur dated 18.7.2009 were convicted and sentenced as under:

(3.) Brief facts of the case are that on receiving information the police nabbed the accused persons and recovered from them Deshi kattas and live cartridges and cash amounting to Rs. 7,85,000/-. The prosecution in support of its case recorded the statements of 10 witnesses and exhibited 18 documents. After concluding trial the accused applicants were convicted and sentenced by the trial court as mentioned above vide judgment dated 18.7.2009. Against the said judgment the accused Appellants preferred appeal under Section 374 Code of Criminal Procedure and also filed application under Section 389 Code of Criminal Procedure for suspension of sentence. The application of suspension of sentence No. 829 of 2009 by the accused applicants was withdrawn and the same was rejected as withdrawn by this Court on 11.8.2009. Thereafter the accused applicants moved the above two 2nd Applications for suspension of sentence.