AMAR SINGH @ BALLU S/O GIRRAJ SINGH v. STATE OF RAJASTHAN
SOSA/2250/2024 · 2025-03-25
Bhuwan Goyal, Narendra Singh Dhaddha
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 33824 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33824 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 2250/2024 In D. B. Criminal Appeal No.446/2024 Amar Singh @ Ballu S/o Girraj Singh, Aged About 40 Years, R/o Karanpur Police Station Karanpur, Dist-Karauli, Rajasthan. ( Presently Confined To Central Jail- Bharatpur). ----Applicant Versus State Of Rajasthan, Through P.p. ----Respondent For Applicant(s) : Mr. Gajendra Singh Rathore, Adv. For Respondent(s) : Mr. Rajesh Chaudhary, GA-cum-AAG Mr. Aman Kumar, AAAG Ms. Neha Goyal, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA HON'BLE MR. JUSTICE BHUWAN GOYAL
Order 25/03/2025
1. Accused/applicant has preferred this application for suspension of sentence.
2. Heard on application for suspension of sentence.
3.
Learned counsel for the applicant submits that the trial court has wrongly convicted the applicant for the offence under Section 302 IPC because eye witness PW-10-Jagdish has not supported the prosecution story and he turned hostile. Other witnesses, who are said to be the eye witnesses, are relatives of the deceased and they are interested witnesses. The accused-applicant has remained in custody for more than two years. Hearing of appeal
(2 of 2) [SOSA-2250/2024] may take long time. So, the sentence awarded to the applicant be suspended till disposal of the appeal.
4. Learned GA-cum-AAG has opposed the suspension of sentence application and submitted that present case rests on the evidence of eye witnesses. Eye witnesses have fully supported the prosecution story. So, looking to the gravity of offence(s), the suspension of sentence application filed by the applicant be dismissed.
5. We have considered the arguments advanced by learned counsel for the applicant as well as learned GA-cum-AAG.
6. As per the prosecution story, the applicant had inflicted the injuries on the head of the Ghanshyam with iron rod as a result of which he died. Eye witnesses have fully supported the prosecution story. So, looking to the gravity of offence(s) and nature of allegations levelled against the applicant, we do not deem it a fit case to allow the application for suspension of sentence.
7. Hence, this Suspension Of Sentence Application is dismissed.
(BHUWAN GOYAL),J (NARENDRA SINGH DHADDHA),J Tahir/Gourav/16