RADHYSHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dtd. 13/7/2023 passed by the learned Additional Session Judge, Raisinghnagar in Sessions Case No.02/2014 whereby he was convicted and sentenced to suffer maximum imprisonment of five years' rigorous imprisonment along with a fine of Rs.5,000.00under Sec. 307 of IPC and lesser punishment for the other offences under Ss. 325, 323 and 341 of IPC.

(2.) It is contended on behalf of the applicant that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court. He further submits that there was no intent to kill the victim rather the incident took place in a spur of moment. Neither the circumstances of the case nor the injuries received by the victim bringing the case within the arena of Sec. 307 of IPC. He drew the attention of this Court on the injury report in which the injury No.1 has been opined to be grievous in nature but the same was not found to be dangerous to life. It is further submitted that the expert opinion should be affirmed, definite and conclusive in nature and the same should not be bald, evasive and confusing. He was on bail during trial and did not misuse the liberty so granted to him; hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.

(3.) Per contra, learned public prosecutor has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the appellant on application for suspension of sentence.