KISHAN S/O SH NATHU KALASUA Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the applicantappellant and learned Public Prosecutor.

(2.) It is submitted that there is no evidence of motive on record. It is further submitted that the injury, which is the cause of death, was inflicted by accused, Mukesh and there is no allegation of inflicting injury against the appellant, which was the cause of death. It is also submitted that the accused is behind the bars since 28.10.2011, therefore, the sentenced awarded by the learned Addl. Sessions Judge, Salumber, Udaipur, may kindly be suspended The learned Public Prosecutor vehemently opposed the instant application for suspension of sentence and submits that it is not fit case for suspending the sentence.

(3.) After considering the entire facts and evidence of the present case without expressing any opinion on merits, we deem it appropriate to suspend the sentence awarded to accused-appellant.