BEGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THESE two applications for suspension of sentence have been preferred on behalf of three appellants, namely Bega Ram, Mohan Lal and Kailash, who have been convicted and sentenced by the trial Court under Section 302 IPC to life imprisonment. Since both the applications arise out of common judgment, therefore, they were heard together and are being disposed of by this common order.

(3.) SO far as appellant Kailash is concerned, learned counsel for appellants submitted that although he is the husband of the deceased, but he was released on bail and he remained on bail during trial and did not misuse the liberty granted to him. He also submitted entire conviction of appellant is based on the statement of PW1 Banshidhar, whose statement is contrary to his own statement recorded by the Police as well as the CBI i.e. Exhibit D1, D2 and D3. There is no direct evidence in the present case about administering poison by the appellants to the deceased. He, therefore, submitted that looking to all the facts and circumstances of the case, sentence of imprisonment of appellants be suspended during pendency of the appeal.