MURARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentences has been preferred by the appellant applicant Murari Lal seeking suspension of sentences awarded to him by the learned Additional Sessions Judge, Bhadra, District Hanumangarh vide judgment dated 19.1.2021 in Sessions Case No.13/2018 whereby the appellant was convicted and sentenced as below:

(2.) We have heard and considered the submissions advanced by Shri J.S.Choudhary, learned Sr.Counsel assisted by Shri Pradeep Choudhary, learned Public Prosecutor and Shri Vikas Bijarnia learned counsel representing the complainant and have gone through the impugned judgment and the record.

(3.) Shri J.S.Choudhary, learned Sr.Counsel assistned by Shri Pradeep Choudhary representing the accused appellant vehemently and fervently urges that the entire prosecution case is false and fabricated. The incident took place in the early night of 17.4.2018. Subhash who was an intervenor in the incident received the gun shot injury which took place after a sudden fight and expired whereafter, the Police was informed. The Police Officers were present at the spot during the entire night but the members of the complainant party intentionally did not lodge the F.I.R. to the Police Authorities. He pointed out that the injured witnesses Rajbala was got admitted in the hospital at about 12.30 in the night but even then, her relatives did not lodge the F.I.R. to the Police Officers, who had taken the injured to hospital. He further urges that as per the prosecution case, Rakesh Kaswa was married to the sister of the appellant Murari Lal and the coaccused Subhash. There was a dispute between Rakesh and his wife and thus, the parties were not on good terms. As per the prosecution witnesses, the appellant and the co-accused went to the house of Rakesh and were indulging in quarrel with him. Surendra who lives in the neighborhood came around and tried to intervene and to quell the fight and during this altercation, Subhash fired a gun shot which hit Surendra killing him instantly. Shri Choudhary submits that though the prosecution witnesses alleged that the appellant herein was armed with a pistol but admittedly no shot was fired by the appellant. He also pointed out that the trial court acquitted the appellant from the charge under Section 3/25 and 27 of the Arms Act. He thus urges that the appellant who is in custody for the last more than three years, deserves indulgence of bail during pendency of the appeal.