SALEEM MOHAMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Learned counsel for the accused applicant Mr. Choudhary submits that PW-2 and PW-3 are the eye witnesses, who does not named the accused-applicant in the F.I.R. The allegation against the accused-applicant was that he was armed with lathi. Learned counsel further submits that before the trial court the witnesses said that accused-applicant was armed with Dharia but the recovery is of lathi. The recovery witnesses are declared hostile. No specific role has been assigned to accused-applicant in murder. These facts are not controverted by learned PP

(3.) Considering these facts, we are inclined to suspend the execution of sentence of accused applicant Saleem Mohammed S/o Bashir Mohammed, till disposal of the appeal.