SHRIRAM ALIAS SANJAY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellants-applicants as well as learned Public Prosecutor and perused the material available on record.

(2.) Learned counsel appearing for the respective appellants- applicants submit that the appellants-applicants have been convicted for the offence punishable under Sec. 307 read with Sec. 34 of IPC, along with other allied offences, and have been sentenced to undergo seven years' rigorous imprisonment. They submit that appellant-applicant Shriram @ Sanjay has remained in custody for the last six years and two months, whereas appellant- applicant Dinesh @ Diniya has remained in custody for the last four years and ten months. They also submit that the appellants- applicants came to be implicated in the present case after a lapse of about five months from the date of the incident solely on the basis of the alleged extra-judicial confession made before P.W.-22 Udayram @ Udaylal. It is contended that P.W.-22 Udayram @ Udaylal has not supported the prosecution case during trial and has been declared hostile. They further submit that no firearm was recovered from the possession of either of the appellants- applicants in connection with the present case and that the alleged recovery pertains to some other case. They, therefore, pray this Court to allow the present Criminal Misc. Suspension Of Sentence Applications.

(3.) Per contra, learned Public Prosecutor opposes the applications for suspension of sentence and submits that having regard to the manner in which the appellants-applicants assaulted the police officials, they do not deserve the benefit of suspension of sentence. However, he is not in a position to dispute the period of custody undergone by the appellants-applicants, as pointed out by learned counsel for the appellants.