Kalu @ Mahendra S/O Rajendra vs State Of Rajasthan
2022 Latest Caselaw 1102 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     D.B. Criminal Misc. Suspension of Sentence Application
                             No. 1130/2021
                                      IN
               D.B. Criminal Appeal No. 157/2019

Kalu @ Mahendra S/o Rajendra R/o Sikray Ps Manpur Dist.
Dausa Raj. (Presently Confined In Central Jail Jaipur)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent

For Appellant(s) : Mr. Rajneesh Gupta, through VC For Complainant(s) : Mr. Amitabh Vijaywargia, through VC For State : Mr. Javed Choudhary, Addl. G.A.

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment / Order

28/01/2022

1. Heard on application for suspension of sentence.

2. It is contended by counsel for the appellant that the single

blow was caused on the head of the deceased and the matter

would not travel beyond Section 304 IPC Part-II. It is also

contended that appellant has already remained in custody for a

period of more than five years. The evidence does also not

conclusively establish that it was present appellant who has

caused the injury. It is further contended that the report of FSL is

inconclusive and also hearing of the appeal will take time.

3. Learned Additional Government Advocate and counsel for the

complainant have opposed the application for suspension of

(2 of 2) [CRLAD-157/2019]

sentence.

4. We have considered the contentions and perused the

statement.

5. As per the FIR which was lodged immediately after the

incident, name of the present appellant is shown as the assailant,

the weapon which is a heavy Fukni was recovered at the instance

of the appellant and the appellant's clothes were also recovered

which had human blood on them. As per the statement of the

witnesses also, the appellant is the person who has caused the

injury. As per the statement of doctor, the cause of death is on

account of injuries caused on the head, hence, we are not inclined

to entertain the suspension of sentence application.

6. This Suspension of Sentence Application is accordingly,

dismissed.

(ANOOP KUMAR DHAND),J (PANKAJ BHANDARI),J

NIKHIL KR. YADAV /5

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