MATHURA & ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for suspension of sentence has been filed by the accused-applicants Smt. Mathura and Smt. Geeta in Criminal Appeal No.825/2015 filed by them assailing the judgment and order dated 31.08.2015 passed by learned Additional District and Sessions Judge, Malpura, District Tonk in Sessions Case No.20/2012 whereby the accused-applicants were convicted under Sections 147, 323/149, 450 and 302/149 Penal Code and sentenced with life imprisonment.

(2.) Mr. Biri Singh Sinsinwar, learned Senior Counsel appearing on behalf of the applicants-accused has contended that specific allegations of causing two fatal injuries, i.e. one injury by Farsi and another by Lathi, on the person of the deceased Jagdish, have been attributed to the accused -applicants Ramgopal and Parmeshwar respectively. So far as other accused-applicants are concerned, there are omnibus allegations against them of causing injuries on the persons of other injured-eye-witnesses, namely P.W.7 Kishanlal, P.W.8 Smt. Sushila, P.W.9 Smt. Pushpa, P.W.14 Smt. Nausar Devi, P.W.19 Satyanarain Jat, P.W.20 Bhanwarlal, which are simple and superfluous in nature. Present accused-applicants namely Smt. Mathura and Smt. Geeta are women. Recovery of blood stained lathi at the instance of accused-applicant Smt. Mathura has not been believed by the learned trial court, yet she has been convicted under Sec. 302 with the aid of Sec. 149 IPC. Except accused-applicants Ramgopal and Parmeshwar, other accused-applicants including present applicants-accused were on bail during trial. Hearing of the appeal is likely to take long.

(3.) Learned Public Prosecutor appearing on behalf of the State as well as learned counsel for the complainant both have vehemently opposed the application for suspension of sentence of the accused-applicants.