BAHADUR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This suspension of sentence application has been filed by the appellant along with the appeal.

(2.) Counsel for the appellant submits that the appellant has been convicted under Ss. 302, 364, 201 of Indian Penal Code, 3/25 of Arms Act and 3 of Prevention of Damage to Public Property Act.

(3.) Counsel for the appellant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the appellant is confined in District Jail, Sawal Madhopur since the date of arrest i.e. 18/11/2019. Counsel further submits that the sentence of life imprisonment has been awarded to the appellant under Sec. 302 of the Indian Penal Code. Counsel for the appellant submits that the appellant has been falsely implicated in this matter. Counsel further submits that PW1-Reena, daughter of the deceased and PW2-Bali Devi, wife of the deceased have leveled the allegation upon co- accused Montu of causing injuries on the person of deceased by using iron rod. Counsel further submits that other eyewitnesses namely PW3-Budhram and PW4-Rasid both have been declared hostile during trial by the Trial Court. Counsel further submits that as per the postmortem report as many as ten injuries were found on the body of the deceased including four fractures; one on the finger, two on the legs and one on the hand, however, PW13-Dr. Veni Madhav in his statement recorded before the Trial Court has only described ten injuries namely abrasions and bruises. The doctor nowhere stated about fractures upon the body of the deceased. Counsel further submits that the doctor in his statement has nowhere stated that these injuries were sufficient to cause death in the normal course. Counsel further submits that according to FIR and statement of eyewitnesses, the appellant was having firearm, however, the said firearm has not been used by him. Appellant is in custody for more than four years and three months. Counsel further submits that hearing of appeal may take long time and prayed that sentence awarded to the appellant may be suspended and he be released on bail during the pendency of the appeal.