[2026:RJ-JP:6932-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1053/2024 In D.B. Criminal Appeal No.202/2024 Mahesh Babu S/o Kalluram @ Kaluram, Aged About 28 Years, R/o House No. 391, Keshavpura, Sector 4, Police Station Mahaveer Nagar, Kota (Presently Confined In District Jail Kota) ----Accused/Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor ...Respondent 2. Guddi W/o Chandraprakash, R/o Phoolvadoda Kawai Baran Rajasthan Presently Residing At Santoshi Nagar, Mahaveer Nagar, Kota City Rajasthan ----Complainant For Petitioner(s) : Mr. Gaurav Sharma for Mr. Nitin Kumar Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP with Ms. Neha Goyal HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE SAMEER JAIN Order 13/02/2026 This suspension of sentence application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the accused-applicant (for brevity, “the applicant”) alongwith the appeal. The applicant has been convicted and sentenced by the Court of Special Judge, SC/ST (Prevention of Atrocities Case), Kota (for short, ‘the learned trial Court’) vide judgment dated 30.04.2024 passed in Sessions Case No.28/2019 (CIS No.28/2019) as under:- 1. Under Section 302 IPC: Life imprisonment and fine of Rs.20,000/- in default whereof, six months additional simple imprisonment. [2026:RJ-JP:6932-DB] (2 of 2) [SOSA-1053/2024] 2. Under Section 4/25 Arms Act: Three years simple imprisonment and fine of Rs.10,000/- in default whereof, three months additional simple imprisonment. Sentences to run concurrently. Learned counsel for the applicant submits that he has falsely been implicated in this case and the learned trial Court has recorded his conviction even in absence of any legally admissible evidence against him. Learned counsel submits that he is in custody for a period of about two years and six months and prays for suspension of sentence. Per contra, learned Public Prosecutor opposed the prayer. Heard. Considered. A perusal of the judgment impugned dated 30.04.2024 reflects that relying upon the ocular evidence including the testimony of PW3- Pintu Kumar Yadav, it was held that the applicant has inflicted a knife blow on the vital part of the body of the deceased which is medically corroborated, as is apparent from the testimony of Dr. Vinod Garg (PW14). After perusal of the record, we do not find any perversity in the findings so recorded by the learned trial Court. In view of the aforesaid evidence and looking to the nature and gravity of allegation against the applicant, we are not inclined to allow the application. Resultantly, the suspension of sentence application is dismissed. (SAMEER JAIN),J (MAHENDAR KUMAR GOYAL),J DIKSHA /6