PAWAN KUMAR Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the material available on record.

(2.) The instant application for suspension of sentence has been preferred by accused applicant Pawan Kumar, who has been convicted and sentenced by learned Additional Sessions Judge, Rajgarh, District Churu vide judgment dtd. 23/6/2017 passed in Sessions Case No. 7/2015 for the offence under Sec. 302/34 IPC.

(3.) Mr. Shrikant Verma, learned counsel representing the appellant-applicant, submits that the entire case of the prosecution is based on circumstantial evidence. He referred to the statements of star prosecution witnesses P.W.2 Krishna and P.W.3 Naresh, who stated that the appellant and co-accused Balwan, Raghuveer and deceased Tejpal were sitting together having liquor and Tejpal was found dead in the next morning. He further urges that the axe which was recovered at the instance of the accused appellant did not give any test for presence of human blood. He further submits that the sentence awarded to the co- accused Raghuveer has been suspended by co-ordinate Bench of this court and since the case of the applicant herein is in no manner distinguishable, he too deserves the indulgence of bail during pendency of the appeal.