LALU RAM & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) We have heard learned counsel for the appellant, learned Public Prosecutor and perused the record.

(2.) While pressing this application, it is contended by learned counsel for the applicant that in the statement given by PW-4 Amaddeen, the allegations are quite omnibus and no allegation as a matter of fact is leveled upon the present applicant. Beside the statement of eye-witness, the evidence available is a recovery of blood stained pent, but that cannot be connected with the applicant as the blood stains found thereon though are of human nature, but its group has not been determined and the result of serological examination is inconclusive. It is also submitted that in the instant matter the body of the alleged deceased too was not recovered.

(3.) Having considered the arguments advanced and further ancillary facts and circumstances, we are inclined to suspend the sentence of the appellant/applicant(s).