RAJU @ RAJIA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

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

(2.) This application seeking suspension of sentence has been filed by the accused applicant Raju @ Rajia who has been convicted for the offences under Sections 460 , 302 / 34 IPC vide judgment dated 16.6.15 passed by the Additional Sessions Judge No.1, Sriganganagar and sentenced as under:-

(3.) Learned counsel appearing for the applicant submitted that there was no eye witness of the incident and the conviction of inter-alia the accused applicant is based on circumstantial evidence. It is submitted that the only circumstance found proved against the applicant is recovery of blood stained lathi at the instance of the accused. It is submitted that out of two witnesses of the recovery, Usman Khan (PW-8) has turned hostile and witness Ramsingh was not examined by the prosecution. Learned counsel while drawing the attention of the Court to the findings arrived at by the trial court, submitted that there is no chain of circumstances found proved indicating towards the guilt of the accused applicant. It is submitted that sentence of co-convict Kahan Singh already stands suspended by this Court vide order dated 16.1.18 passed in D.B.Cr. Suspension of Sentence (Appeal) No. 57/18 and the case of the present applicant is not distinguishable.