RAKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard on application for suspension of sentence and grant of bail.

(2.) Learned counsel for the appellant would submit that the conviction of the appellant is founded not only on doubtful but inconclusive circumstantial evidence failing to complete chain of circumstances to draw inference that in all probability, the appellant may have committed the offences. He would submit that though there is evidence of last seen as stated by the prosecution witness, the evidence of PW-4 and PW-24 shows that the dispute and enmity exists between the deceased and the other accused Rajpal and Mahaveer Prasad and there is no evidence of any dispute/quarrel between the appellant and the deceased. He would submit that PW-40 does not contain origin and group of blood so as to arrive at conclusive proof that the appellant was involved in the alleged incident of murder. The appellant is in jail since 16 months therefore, at this stage, sentence may be suspended and the appellant may be granted bail.

(3.) On the other hand, learned State counsel would submit that there is not only overwhelming evidence of appellant having remained in company of the deceased for long time and last seen with him, but also there is evidence of Ex-20 FSL report which shows that human blood was found which the appellant has failed to explain.