Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:11373-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2082/2024 In D.B. Criminal Appeal No.403/2024 Raju @ Rajesh S/o Mangi Lal, Aged About 40 Years, Resident Of Stock Road Madak Station P S Modak Dist Kota (Presently Confined In Central Jail, Kota) ----Applicant Versus State Of Rajasthan, Through Pp ----Respondent For Applicant(s) : Ms. Shalini Sheoran For Respondent(s) : Mr. Rajesh Choudhary, GA cum AAG with Mr. Aman Kumar, AAAG and Ms. Neha Goyal HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 12/03/2025
1. This suspension of sentence application has been filed by the accused-applicant along with the appeal.
2.
Learned counsel for the applicant submits that the accused- applicant has been falsely involved in this matter. Counsel further submits that the PW20-Dr. Rekha Kumari in her cross-examination stated that the injury to the deceased can be caused by falling on stones.
3. Learned Government Advocate has opposed the application for suspension of sentence and submitted that the eye witness PW2-Alka in her statement during trial has stated that the applicant has caused head injury on the person of deceased by
[2025:RJ-JP:11373-DB] (2 of 2) [SOSA-2082/2024] using Kulhari. He further submits that the blood stained Kulhari has been recovered at the instance of accused-applicant.
4. We have heard counsel for the parties and perused the record.
5. Keeping in view the facts and circumstances of the present case and also considering the statement of PW2-Alka, no case is made out to allow the application for suspension of sentence.
6. Hence, the application for suspension of sentence is hereby dismissed.
(PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J Arun/Sunita/38