CHHIGAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the Court: heard learned counsel for the parties.

(2.) THE learned counsel for the appellants contended that the First Information Report was lodged by eye-witness PW-3 Sunhari Devi, wherein there was allegation of causing injury on the person of deceased by accused Chhigan and there was no allegation of causing injury by accused Raju @ Rajaram, whereas the trial court convicted accused Chhigan and Raju @ rajaram, both, for the offence punishable under sections 302 and 201, IPC, and other two accused-persons have been convicted with the aid of Section 34 IPC, therefore, there are contradictions in the statements of the prosecution witnesses, and this is a fit case for grant of suspension of sentence of the accused persons during the pendency of the appeal.

(3.) THE application has been opposed by the learned Public Prosecutor as well as the learned counsel for the complainant.