RAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present application has been filed by the applicant under Sec. 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS') (Sec. 389 of Criminal Procedure Code) seeking suspension of following sentence awarded to him by the learned Additional District and Sessions Judge No.4, Bikaner (hereinafter referred to as 'Trial Court') vide judgment dtd. 16/7/2022 passed in Session Case No. 40/2017 :-- <IMG>JUDGEMENT_30_LAWS(RAJ)8_2025_1.jpg</IMG>

(2.) Mr. D.S. Thind, learned Counsel for the applicant submitted that the applicant has been falsely implicated by the Investigating Officer by creating false evidence against him and the Trial Court has also believed the same and convicted him for the offence of commission of murder.

(3.) Learned Counsel argued that the basis for convicting the applicant is the recovery of his blood stained clothes, weapon of offence 'Knife' and the 'earrings' of the deceased said to have been recovered pursuant to the information given by the applicant under Sec. 27 of the Indian Evidence Act.