CHIRANJILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused Appellant has filed a criminal appeal against the judgment and order dated January 20, 2009 of Addl. Sessions Judge (Fast Track) T Tonk whereby the accused Appellant was convicted for the offence under Section 307 IPC to suffer 7 years rigorous imprisonment and fine of Rs. 2,000/- and in default of fine to further suffer one month simple imprisonment. He was however acquitted of the charge under Section 3/25 of the Arms Act as the sanction for prosecution from the District Collector could not be exhibited and proved in evidence. Along with the appeal the accused Appellant has also filed an application for suspension of sentence which was dismissed as withdrawn on 29.6.2009 by this Court. Now the Appellant has filed this second application for suspension of sentence.

(2.) Heard learned Counsel for the accused Appellant and the learned Public Prosecutor on this second application for suspension of sentence.

(3.) The learned Counsel for the accused Appellant averred that the accused-Appellant was in jail in some other matter at the time of pronouncement of order by the Additional Sessions Judge and since then he is in jail. The learned Counsel without submitting serious ground only stated that so far as merits of the case are concerned the Appellant is having a very strong case in his favour and there is every possibility of his acquittal. The learned Counsel further stated that the Appellant has been falsely implicated in the case.