SANDEEP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-applicants have preferred this application for suspension of sentence.

(2.) Heard on application for suspension of sentence.

(3.) It is contended by learned Counsel for the applicants that the case against the applicants is that they had made an extra-judicial confession before some Head Constable after sixteen months of the alleged incident. The Head Constable was not produced before the Court. Father of the deceased, who had seen three persons entering into the shop had not identified the accused-applicants in Test Identification Parade. It is also contended that the accused were on bail during trial. It is also contended that the recovery of articles has been made after sixteen months of the incident, which creates doubt on the prosecution case. It is further contended that the recovery of mobile has been disbelieved by the Trial Court. It is further contended that the details of the jewellery articles were not mentioned in the FIR and there was no identification done before the Magistrate with regard to the recovered jewellery.