SANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants-applicants herein have been convicted and sentenced as below vide judgment dtd. 2/9/2023 passed by the learned Additional Sessions Judge, Gulabpura, District Bhilwara, in Session Case No. 7/2020 (RJBW0F0003352020):

(2.) The appellants-applicants have preferred the application for suspension of sentence under Sec. 389 Cr.P.C. for suspension of sentence during the pendency of the appeal and for release on bail.

(3.) It is submitted by learned Counsel for the applicants that the Trial Court has grossly erred in convicting and sentencing the applicants by the impugned judgment. It is submitted that the present was only a case of a road accident and only on account of previous family animosity between them, the applicants have been implicated. Submissions have been made that a bare look at the statement of eyewitness PW-2 Manoj, a 12 years' old boy, reveals that he was not telling the truth, inasmuch as his case was that he alongwith his grandfather were carrying two wheat bags and on account of attack by the applicants alongwith Ghishu Lal, they fell down from the motorcycle and one of wheat bag fell on him and he remained under it till such time that his father arrived at the place of accident and removed the bag; whereas in the two statements recorded by him with the police Exhibits D/3 and D/4, he had clearly indicated that he alongwith his grandfather ran from the place once they were attacked.