MUKESH @ MAKSYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In pursuance of the order dated 18th November, 2014, application for suspension of sentence was listed before us.

(2.) Ms. Gayatri Rathore, appearing for the appellant, has stated that it is a case of giving knife injury in the thigh of deceased Ballu @ Bada Ballu whereby cutting of femoral artery had proved fatal. Therefore, the offence if any, will fall under Section 304 Part I IPC, and not under Section 302 IPC. Counsel prays that that we should suspend the sentence.

(3.) Shri N.S. Dhakad, learned Public Prosecutor, has brought to our notice that on 10th December, 2014, we have decided D.B.Criminal Appeal No.901/2005, Guddu @ Anwar @ Kanna Vs. State of Rajasthan and in that appeal similar argument was raised question of qua offence was decided by us.