BHAWANI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has preferred this second application for suspension of sentence application under Sec. 389 Cr.P.C.

(2.) Heard learned counsel for the appellant as well as the learned Public Prosecutor.

(3.) Learned counsel for the appellant has submitted that the trial court has convicted the appellant for the offence under Sec. 302 IPC. It is further submitted that from the court statement of eye witnesses namely Maan Singh, Dara Singh and Shiv Singh, it is clear that all the accused persons had inflicted blows on the body of deceased Bhanwar Singh. It is also submitted that though some of the eye witnesses have deposed before the trial court that the first blow was inflicted by the appellant but it is not certain that the same was fatal and due to which the death occurred. Learned counsel has further submitted that the appellant is in judicial custody since December, 2010 and till date he has served out more than 12 years" of sentence. It is also submitted that there is every likelihood that hearing of the appeal preferred by the appellant will take time.