Radheshyam @ Raju vs State
2022 Latest Caselaw 3539 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 540/2021

Radheshyam @ Raju S/o Sh. Unkar Lal Menaria, Aged About 31 Years, R/o Bathera Khurd, P.s. Kheroda Dist. Udaipur, Rajasthan. (At Present Lodged In Central Jail, Udaipur).

                                                                      ----Petitioner
                                   Versus
State, Through Pp
                                                                 ----Respondent


For Petitioner(s)        :     Mr. J.V.S. Deora
For Respondent(s)        :     Mr. B.R. Bishnoi, AGC



           HON'BLE MR. JUSTICE SANDEEP MEHTA
            HON'BLE MS. JUSTICE REKHA BORANA

                                    Order

08/03/2022

The instant application under Section 389 CrPC seeking

suspension of sentences has been preferred by the appellant-

applicant Radheshyam @ Raju S/o Unkar Lal Menaria, who has

been convicted and sentenced for the offences punishable under

Sections 302, 460 and 394 IPC vide judgment dated 20.11.2020

passed by the learned Additional Sessions Judge No.4, Udaipur in

Sessions Case No.93/2014.

We have heard and considered the submissions

advanced by Mr. J.V.S. Deora, learned counsel representing the

appellant-applicant and the learned Public Prosecutor and have

gone through the impugned judgment and the record.

The appellant-applicant and his companions are alleged

to have broken into the house of the victims in the Village Batheda

(2 of 2) [SOSA-540/2021]

and killed the old man named Shri Bhanwar Lal and injured his

wife Smt. Amarati. While the offence was being committed, some

hair of the assailant/s fell at the place of incident. The hair so

recovered were subjected to DNA comparison with the blood

samples of the accused persons. As per the report Ex.P/36, the

hair recovered from the place of incident matched with the DNA

profile of the blood sample collected from the appellant.

In this background, we are of the opinion that the case

of the appellant herein is significantly distinguishable from that of

the two co-accused Praveen and Manoj, who have since been

enlarged on bail. Looking to the serious nature of allegations

attributed to the appellant-applicant and significant evidence

available against him on record, we are not inclined to suspend

the sentences awarded to him by the trial court.

Hence, the instant application for suspension of

sentences is dismissed as being devoid of merit.

                                   (REKHA BORANA),J                                           (SANDEEP MEHTA),J


                                    47-Pramod/-









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