MANGILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Public Prosecutor Shri N.S. Bhati has chosen not to file reply to the instant application for suspension of sentences.

(2.) Heard learned Counsel for the appellants-applicants, learned Public Prosecutor and learned Counsel for the complainant.

(3.) Learned Counsel Shri Pradeep Shah pressing the instant application for suspension of sentences filed on behalf of the applicants Mangilal, Venaram, Smt. Sayati Devi and Smt. Suwa vehemently and fervently urged that the entire prosecution case is false and fabricated. The FIR was lodged after a significant delay of twelve days. The appellants had no motive to kill the deceased Hanjaram. The statement of star prosecution eye-witness Kana Ram (PW.10) was recorded after a delay of 13 days; that the lathies recovered at the instance of appellants Mangilal and Venaram did not test positive for presence of human blood. As per him, even if the prosecution story is momentarily believed to be true then also, recovery of the dead body of deceased Hanjaram was found buried under sand was made at the instance of accused-applicant Teja Ram and thus, as per him the accused applicants other than Teja Ram cannot be implicated for the alleged offences as there exists no evidence worth belief on the entire record so as to connect them with the alleged crime. On these grounds, he implored the Court to accept the instant application for suspension of sentences filed on behalf of the applicants herein.