SARDAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The applicant-appellant herein has been convicted and sentenced as below vide the impugned judgment of conviction and order of sentence dtd. 9/2/2023 passed by the learned Additional Sessions Judge No. 2, Nagaur in Sessions Case No. 51/2017 (CIS No. 51/2017):

(2.) The applicant-appellant has preferred the instant application for suspension of sentence under Sec. 389 Cr.P.C. for suspension of sentence, during pendency of the appeal and for release on bail.

(3.) Learned Counsel for the applicant-appellant submitted that both PW-8 & PW-9, have been produced and claimed by the prosecution as eye-witnesses, but the record clearly indicates that at the time of the alleged incident, they went to the Tube-well of their grandfather, as substantiated from the statement of the investigating officer (PW-21).