KRISHAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties on the application for suspension of sentence.

(2.) The instant application for suspension of sentence has been preferred by the appellants-applicants, who have been convicted and sentenced by the learned Additional District and Sessions Judge, Taranagar vide judgment dtd. 21/12/2022 in Sessions Case No.48/2019. The appellants-applicants have been sentenced as under :- <FRM>JUDGEMENT_42_LAWS(RAJ)12_2023_1.html</FRM>

(3.) Learned counsel for the appellant-applicants has submitted that the trial court has grossly erred in convicting the appellant-applicants under Ss. 148, 452/149, 323/149, 302/149 and 354 IPC. It is argued that from the evidence available on record, it can be gathered that it was a case of free fight, wherein accused Krishan Kumar had also received injuries. Learned counsel has further submitted that from the injury report as well as the postmortem report, it cannot be said that the alleged injuries inflicted by the appellant-applicants were dangerous to life. Learned counsel for the appellant-applicants, while inviting attention of this Court towards the statements of PW-1 Dr. Manmohan Gupta and PW-15 Dr. Devilal Joshi, has argued that from the statements of the said witnesses it is clear that the injuries on the body of deceased were not sufficient to cause death.