RAJESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentence has been moved on behalf of the applicant - Rajesh Kumar in the matter of judgment dtd. 19/12/2024 passed by the learned Additional District & Sessions Judge, Laxmangarh District Alwar in Sessions Case No.33/2015 (C.I.S. No.278/2015) whereby he was convicted and sentenced to suffer life imprisonment under Sec. 302 IPC along with fine of Rs.13,000.00 and default of payment of fine three months additional imprisonment.

(2.) Learned counsel for the appellant submits that the trial court failed to properly appreciate the legal and factual aspects, resulting in an erroneous finding of guilt. Being the first appellate court, this Court may reappraise the evidence. It is further submitted that the appellant remained on bail during trial without misuse of liberty, and as the appeal will take time for disposal, the sentence deserves to be suspended.

(3.) Learned Public Prosecutor has opposed the prayer for suspension of sentence.