PAPPU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-appellant has laid this second application for suspension of sentence handed down by learned trial Court. Learned trial Court, by the impugned judgment, indicted appellant for offence under Ss. 396 and 412 IPC and handed down maximum sentence of life term imprisonment with fine of Rs.10,000.00while acquitting him for offence under Sec. 412 IPC.

(2.) The first application for suspension of sentence of the applicant-appellant was dismissed as not pressed on 13/11/2017.

(3.) Arguing on this second application for suspension of sentence, it is submitted by learned counsel, Mr. Charan that there is no direct evidence against appellant for showing his involvement in commission of offence and the only evidence against him is recovery of earrings but there is no evidence to show that the earrings belong to the deceased. It is also submitted by learned counsel that accused has already undergone sentence of more than five and half years and the learned trial Court, while indicting him for offence under Sec. 396 IPC, has awarded a very harsh punishment of life term imprisonment whereas minimum sentence is ten years only. Learned counsel further submits that the present case is essentially edificed on circumstantial evidence yet the learned trial Court has grossly erred in appreciation of evidence while recording its finding about availability of chain of inculpatory evidence against the appellant. Learned counsel has therefore urged that appellant's indictment for charged offence is based on complete misreading of prosecution evidence. He has therefore urged that sentence may be suspended.