Shivlal vs State Of Rajasthan ...
2025 Latest Caselaw 13221 Raj

Rajasthan High Court - Jodhpur

Shivlal vs State Of Rajasthan ... on 15 September, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:40927-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                  No. 889/2025

Shivlal S/o Sohanram @ Rajuda, Aged About 35 Years, R/o Rol,
P.S. Rol, Temporary Residence Sarhad Kuchera, Kuchera, District
Nagaur.
(Lodged In Distt. Jail Nagaur).
                                                                      ----Applicant
                                       Versus
State of Rajasthan through PP.
                                                                    ----Respondent


For Petitioner(s)            :     Mr. Piyush Chouhan.
For Respondent(s)            :     Mr. C.S. Ojha, PP.



        HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

HON'BLE MR. JUSTICE ANUROOP SINGHI

Judgment

15/09/2025

1. Heard learned counsel for the applicant-appellant.

2. Learned counsel for the applicant-appellant submits that

there was no intention and motive of the applicant-appellant

to cause fatal injuries to the deceased Mithu Kanwar. He

further submits that the recovery of the firearm is also not

from the present applicant-appellant. He also submits that

even as per the statements of the family members of the

deceased, there is no enmity with the present applicant-

appellant with the family of the deceased. He, therefore,

prays that the present application for suspension of sentence

may be allowed.

3. Learned Public Prosecutor while opposing the application for

suspension of sentence submits that as per the statement of

(Uploaded on 15/09/2025 at 04:07:09 PM)

[2025:RJ-JD:40927-DB] (2 of 2) [SOSA-889/2025]

Pappu Singh (PW-2), who is the eye-witness, it has come on

record that it is the applicant-appellant who caused firearm

injury upon the deceased Mithu Kanwar. He further submits

that even the postmortem report has fortified that the cause

of death of the deceased was firearm injury.

4. Considering the facts and circumstances of the present case

and keeping in mind the testimony of Pappu Singh (PW-2)

having been corroborated by the medical evidence, we are

not inclined to suspend the sentence of the applicant-

appellant in the present case.

5. The application for suspension of sentence is, therefore,

dismissed.

(ANUROOP SINGHI),J (VINIT KUMAR MATHUR),J

69-Shahenshah/Sunils/-

(Uploaded on 15/09/2025 at 04:07:09 PM)

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