NANJI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned Public Prosecutor for the State and the learned counsel for the complainant. We have carefully gone through the judgment and order impugned as also the record of the trial court.

(2.) This application is filed by the applicant-appellant for suspension of sentence awarded by the learned Additional Sessions Judge, Bhinmal, District Jalore, vide judgment dated 28.10.17 in Sessions Case No.89/11 (C.I.S. No.57/14), whereby the applicant-appellant has been convicted for the offence under Section 302 / 34 IPC.

(3.) Learned counsel for the applicant submitted that the applicant has been implicated in the case merely on account of his presence in the jeep, which hit the deceased Deepa Ram. It is submitted that the allegation of the applicant instigating co- accused Krishna Kumar to cause death of Deepa Ram is absolutely baseless and not proved by cogent evidence on record. Learned counsel would submit that only two injuries were found on the person of the deceased Deepa Ram, out of which one was simple in nature and thus, the story of the prosecution of accused persons giving beating to the deceased stand belied on the basis of medical evidence.