GYARSI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the applicants has submitted that the applicants/appellants were on bail during trial. Injury on the head of the deceased is attributed to Applicant No. 2 Sukhdev, who is aged about 81 years. Injury on the head of the deceased has been opined to be caused by blunt weapon, whereas, Applicant No. 2 was armed with an axe at the time of incident. Hence, at the most it can be said that the weapon was used not from the sharp side but from the blunt side. It is a case of version and cross-version. In the cross-version, complainant party in the present case, has been convicted and sentenced by the trial court. Post conviction, applicants/appellants are in custody for the last about six months.

(2.) Learned State Counsel as well as learned counsel for the complainant have opposed the application.

(3.) Keeping in view the facts and circumstances of the case, it would be just and expedient to suspend the sentence of the applicants during the pendency of the appeal.