SUNNY ALIAS SANI Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) These applications have been filed by the accused- applicants seeking suspension of sentence awarded to them by the trial court.

(2.) Mr. Biri Singh Sinsinwar, learned Senior Counsel appearing on behalf of accused-applicant Sunny @ Sani and Mr. Deepak Chauhan, learned counsel for the accused-applicant Kumari Samiksha have referred to the statement of Investigating Officer Ranjeet Singh (P.W.25) to argue that in his investigation death of deceased was found to be suicidal, which according to them is supported by Post Mortem Report (Exhibit P-22) and opinion of the medical sought by the Superintendent of Police, District Alwar (Exhibit P-18), which indicates towards discrepancy in between the investigation and opinion of the medical as also Post Mortem Report (Exhibit P-22). Learned counsel submitted that there is no recovery at the instance of the accused-applicants. They have also referred to statement of Manoj Kumar (P.W.1); Pawan Kumar (P.W.2); Ravi Garg (P.W.5) and seizure memo of lock of Room No. 105 of Hotel Highway King (Exhibit P-24); letter seeking report about the aforesaid lock (Exhibit P-64); Report of the supplier of the lock (Exhibit P-63) to argue that while one of the accused Sunny @ Sani had left the hotel room in the morning, another accused Samiksha remained in Room No. 104. When Room No. 105 could not be opened, it had to be opened by use of master key. It is argued that aforesaid Exhibit P-24, Exhibit P-63 and Exhibit P-64 proves that lock was intact and it could not be opened without the use of another key. It is contended that when the lock was opened with the use of another key, the key cord was found intact in the MCU and A.C. and lights in the room were on and deceased was found hanging with the ceiling fan. Therefore, according to learned counsel, it was a case of suicidal death and not homicidal death. Findings recorded by the learned trial court are based on surmises and conjectures. Learned counsel argued that in a case of circumstantial evidence possibility of every single hypothesis that may be compatible with innocence of the accused must be ruled out and in the present case, chain of circumstances against accused-applicants is not complete and has many missing links. It is submitted that accused-applicants are in jail for last 20 months and hearing of the appeals will take a long.

(3.) Learned Public Prosecutor and Mr. M.M. Ranjan, Learned Senior Counsel appearing on behalf of the complainant opposed the applications and referred to findings recorded by the learned trial court in para no. 51, 56 and 64 of the judgment and submitted that conduct of the accused-appellant Sunny @ Sani has been thoroughly discussed by the learned trial court. Without active participation of both the accused, the deceased, who was weighty, could not have been put to death especially when two bed sheets have been used to first strangulate him and hang his body to the ceiling fan to make it look like a case of suicide.