SHER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Learned counsel for the appellant submits that at best it was an accident, which occurred while there were differences between the appellant and the deceased regarding the Kelu (clay roof tile), which were broken. Learned counsel has also pointed out from the statement PW-1 Manna Singh, PW-5 Smt. Radha Devi and PW-6 Smt. Raji Devi, which reflects that they do not make any statement that knowingly the deceased was thrown and head down from the roof and no other intention is attributed. Learned counsel further submits that the appellant was on bail during trial.

(3.) Learned Public Prosecutor opposes the suspension of sentence application.