This order dismisses a suspension of sentence application preferred by an appellant confined in a district jail. The bench considered the reliability of eye-witnesses and mechanical inspection reports before concluding the application would not be entertained.
Disposal application dismissed; not inclined to entertain suspension of sentence.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Misc Suspension Of Sentence Application
No.1017/2023
In
D.B. Criminal Appeal No.176/2023
Manraj Son Of Heeralal, Aged About 23 Years, R/o Gaddi Bharja, Police Station Malarna Dungar, District Sawai Madhopur (At Present Confined At District Jail, Sawai Madhopur)
----Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL
Order
18/09/2023
[SOSA-1017/2023]
(2 of 2)
sentence application. It is contended by learned counsel for the complainant that the applicant was paramour of wife of the deceased; he had threatened the deceased just prior to the incident and he accidented the motorcycle, as a result of which, the deceased expired. Thereafter, the trolley of tractor overturned and another lady who was standing on the road, has also expired. 5. We have considered the contentions and perused the material on record. 6. Considering the statements of PW/2 & PW/5 as well as the mechanical inspection report of the tractor and motorcycle, we are not inclined to entertain the suspension of sentence application. 7. Accordingly, the suspension of sentence application is dismissed.
(BHUWAN GOYAL),J
(PANKAJ BHANDARI),J
Keshav/23
2 issues framed by the court
Whether the suspension of sentence application be entertained in an appeal arising from rash or negligent driving causing death.
Whether eye-witness testimony regarding the accident and mechanical reports indicate reliability warranting sentence suspension.
Manraj Son Of Heeralal
State Of Rajasthan
Pankaj Bhandari
Bhwan Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
