SUNIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants herein have been convicted and sentenced as below vide judgment dtd. 30/4/2022 passed by the learned Addl. Sessions Judge, Pali in Sessions Case No. 74/2015 (CIS No. 54/2015): <FRM>JUDGEMENT_129_LAWS(RAJ)4_2023_1.html</FRM>

(2.) The appellants-applicants have preferred the applications for suspension of sentence under Sec. 389 Cr.P.C. for release on bail during the pendency of the appeal.

(3.) Leaned counsel for the appellants-applicants made submissions that the complainant Smt. Kistu got her statement recorded, wherein, she specially indicated that those who entered the house and gave beating to her, her niece and her father-in-law were wearing black clothes and their faces were covered. However, in her statement as P.W.1, she improved her version and indicated that while giving beating the cloth from their faces came down and she saw the faces. Further, relevant witness; P.W.4 -Narayan Singh, P.W.20 - Bishan Singh and P.W.28 - Dalpat Das Vaishnav, who came at the site after the incident had indicated that the offence was committed by unknown persons/ thief. It was submitted that the accused appellant Ganpat Lal is cousin of husband of said Kistu and in case she had seen him committing offence, as claimed by her in her statement, she would have specifically took his name in the statement before the police (Ex.P.1) and would have told the same to P.W.4, P.W.20 and P.W.28.