[2025:RJ-JP:31553-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2076/2024 Prakash Ranjan @ Chetan @ Chotu Son Of Rambali Singh, Resident Of Kabilpur Police Station Kante District Muzaffarpur State Of Bihar (Accused Confined In Special Central Jail Dausa) ----Applicant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Applicant(s) : Mr.Saurav Harsh For Respondent(s) : Mr.Jeetendra Singh Rathore, P.P. HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 13/08/2025 AVNEESH JHINGAN, J:- 1. This application is filed for suspension of sentence during pendency of the appeal. Vide judgment dated 06.07.2024, the applicant was convicted under Section 302 IPC. Vide order of even date, was ordered to undergo life imprisonment. 2. The brief facts are that an FIR was registered on the basis of a complaint dated 03.08.2020 filed by PW-2 Ashutosh Kumar (hereinafter referred to as ‘complainant’) wherein, it was stated that on 02.08.2020 at around 9.30 P.M. complainant along-with Lakhindar Paswan were cooking food outside their room when there was altercation between Chetan Prakash and Shashi Ranjan (deceased). The complainant and Lakhindar Paswan intervene, but the applicant brought an iron pipe and gave a blow on the back [2025:RJ-JP:31553-DB] (2 of 3) [SOSA-2076/2024] side of the head of the deceased. The deceased on reaching the hospital, was declared brought dead. 3. Learned counsel for the applicant submits that PW-2 Ashutosh Kumar was projected as an eye witness by the prosecution but in the testimony, it was stated that at the time of the incident, he had gone to change the cloths. Contention is that PW-8 Dr. Ashok Choudhary during cross-examination admitted that there is a possibility of an injury being inflicted by fall from 300 mtrs. Further Dr. Ashok Choudhary stated that in case the patient being brought earlier, there were more chances of survival. 4. Learned Public Prosecutor submits that PW-1 Lakhindar Paswan was also an eye witness and has fully supported the case of the prosecution. Argues that the blood stained iron pipe was recovered at the instance of the applicant. The stain on the pipe was of the human blood. 5. Reliance is placed upon post-mortem report to contend that the cause of death was head injury. It is argued that the fatal head injury was inflicted by the applicant is duly proved by the deposition of PW-1 and PW-2. 6. The observations made here-in-above shall not be construed as an opinion on the merits of the case and are only for the purpose of disposing of the application for suspension of sentence. 7. As per the prosecution, there were two eye witnesses. Even for the sake of argument PW-2 Ashutosh Kumar had not witnessed the incident, yet effect of testimony of PW-1 Lakhindar Paswan eye witness shall be subject matter of appeal. At this stage, suffice to say that the both Lakhindar Paswan and Ashutosh [2025:RJ-JP:31553-DB] (3 of 3) [SOSA-2076/2024] Kumar witnessed the altercation between the deceased and the applicant. 8. Considering the nature of allegations, no case is made out for suspending the sentence. 9. The application for suspension of sentence is dismissed. (BALJINDER SINGH SANDHU),J (AVNEESH JHINGAN),J Monika/34