SINGA RAM 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 on the application for suspension of sentences. Perused the material available on record.

(3.) Learned Counsel Shri Shambhoo Singh representing the applicant-appellant urges that the case of the prosecution as against the appellant and the co-accused Kishna (since released on bail) is based on circumstantial evidence principally that of recovery. Number of personal articles of the deceased Mangalgiri were recovered from co-convict Kishna whose application for SOS (No. 322/2019) has been accepted by this Court by order dtd. 22/7/2019. The recoveries which have been made from the appellant are almost of similar nature that is to say Bank Passbook, Aadhar Card and Voter ID Card. He urges that it is impossible to believe that a person intending to commit robbery with murder would rob these worthless articles belonging to the deceased and then retain the same so as to create evidence against himself. He contends that apart from recovery of these worthless articles, there is no evidence whatsoever on the entire record so as to connect the accused appellant with the alleged crime and hence, as per him, the appellant deserves indulgence of bail, during pendency of the appeal.