BISHNA RAM @ VISHUN @ BHINDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These suspension of sentence applications have been filed by the accused-applicants along with the appeal.

(2.) Counsel appearing on behalf of the accused-applicants submits that the accused-applicants have been convicted and sentenced to undergo life imprisonment for the offence under Sec. 302/34 of IPC.

(3.) Counsel for the accused-applicants have annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused- applicants are in judicial custody. Counsel further submits that the accused- applicants have been falsely implicated in this matter. Counsel further submits that the case-in-hand is based on circumstantial evidence and no motive has been established by the prosecution. Counsel further submits that last seen witnesses have been declared hostile during trial. Counsel further submits that the investigating agency has recovered weapon of offence i.e. lathi on the information provided by the accused-applicants and no blood stains were found on the said lathi and while sending the same to FSL, police has sent iron rods instead of lathi to FSL. Counsel further submits that trial Court has disbelieved evidence of pendrive submitted by the prosecution. Counsel further submits that accused-applicants are in custody for more than two years and eight months. Counsel further submits that one of the accused-applicant namely Vishnu has not been named in the FIR. Counsel further submits that statement of last seen witnesses PW7 and PW12 has been recorded under Sec. 161 Cr.P.C. after three days and twelve days respectively. Counsel further submits that the appeal is not likely to be heard in near future. Therefore, he prayed that sentence awarded to the accused-applicants may be suspended and the accused- applicants be released on bail during the pendency of the appeal.