LAWS(RAJ)-2021-1-196

YOGESH @ NITISH @ YOGI Vs. SHIVCHARAN

Decided On January 20, 2021
Yogesh @ Nitish @ Yogi Appellant
V/S
SHIVCHARAN Respondents

JUDGEMENT

(1.) These two suspension of sentence applications have been filed under Section 389 CrPC.

(2.) Learned counsel for the accused appellants Yogesh @ Nitish @ Yogi and Shivkishan @ Shoukeen submits that out of total 10 accused persons, 3 have been acquitted and 7 have been convicted. He further submits that the two persons, against whom the allegation is for causing fire arm injury, are not before this Court. He further submits that PW-2 Prem Devi (wife of deceased) and PW-11 Mukesh Kumar have not given any evidence against the accused appellants.

(3.) Learned counsel for the accused appellants Shiv Charan and Rajesh @ Monu submit that the date of incident is 9.6.2015, but the mobile was purchased by accused appellant Shiv Charan on 27.6.2015 (vide Ex. P-143). The accused persons have been falsely implicated in this matter, hence their sentence is required to be suspended.