Dismissed

Hemraj @ Hemchand Son of Shri Partaram Yadav v. State of Rajasthan

Rajasthan HC14 Jul 2023SOSA/208/2023

Case brief

AI extract

What is this about?

<u>Order</u> in a D.B. Criminal Misc. Susp. of Sentence Application. The court dismissed the application for suspension of sentence, noting evidence of DNA match between the applicant, co-accused, and deceased, leading to a decision not to entertain the plea without commenting on merits.

What did the court decide?

Suspension of sentence application stands dismissed.

Hemraj @ Hemchand Son of Shri Partaram Yadav Vs… — Criminal Trial and Appeal | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc Suspension Of Sentence Application No.208/2023

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D.B. Criminal Appeal No.11/2023

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Hemraj @ Hemchand Son Of Shri Partaram Yadav, R/o Dehro Ki Dhani Tan Mandusya Police Station Ajitgarh, District Sikar (Rajasthan)

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(Presently Lodged In Central Jail, Jaipur)--Applicant

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Versus

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State Of Rajasthan, Through Public Prosecutor ----Respondent

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For Petitioner(s) : Mr. Vikram Yadav, Adv., Mr. Ajay Singh Yaduvanshi, Adv. For Respondent(s) : Ms. Alka Bhatnagar, AGA, Mr. Mukesh Pal Jadoun, Adv.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL Order

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14/07/2023

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Accused-applicant has preferred this application for suspension of sentence.

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Heard on application for suspension of sentence.

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It is contended by learned counsel for the applicant that the case rests on circumstantial evidence. Applicant has remained in custody for a period of about six years; disposal of appeal is bound to take time. It is also contended that the applicant has been arrested on the basis of confession made by co-accused and that confession cannot be read against the applicant. It is further contended that the applicant has raised a defence that the deceased was having enmity with the members of the neighboring village and the possibility that he was murdered by them cannot

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[SOSA-208/2023]

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(2 of 2)

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be ruled out. It is further contended that Gandasi was not recovered to establish the commission of offence.

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Learned Additional Government Advocate and learned counsel for the complainant have opposed the application for suspension of sentence. It is contended by learned counsel for the complainant that the applicant was having relationship with the co-accused, who is sister of the deceased. The deceased was creating hindrance in relationship of applicant and co-accused, so they planned the murder. It is also contended that the applicant was having sexual relationship with the co-accused is established from the DNA Report. It is further contended that scraping of the nail; the pair of the shoes and vest of the applicant were found blood stained and the DNA of the same is matching with the DNA of the deceased.

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We have considered the contentions.

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Considering the evidence the record and the fact that the applicant was in sexual relationship with the co-accused which is established by the DNA report and was in contact with the coaccused and also taking note of the fact that the DNA of the belongings of the accused and co-accused are matching with the DNA of the deceased and further without commenting on the merits of the case, we are not inclined to entertain the present suspension of sentence application.

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Accordingly, the present suspension of sentence application stands dismissed.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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Keshav/21

Hemraj @ Hemchand Son of Shri Partaram Yadav v. State of Rajasthan

Case brief

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Hemraj @ Hemchand Son of Shri Partaram Yadav v. State of Rajasthan

Case brief

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