Chunnu @ Imran v. State of Rajasthan
Case brief
What is this about?
The High Court at Jodhpur rejected a suspension of sentence application preferred by an appellant convicted for murder and arms offences. The Court held that the substantive sentence stands despite hostile eye witnesses, supported by police recovery and independent witness testimony placing the appellant at the crime scene.
What the court decided
[2023:RJ-JD:36265-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 407/2023
Chunnu @ Imran S/o Shri Deran Khan Patah, Aged about 38 years, B/c Musalman, R/o Nogawan, Police Station Arnod, District Pratapgarh (Rajasthan) (Presently lodged at District Jail, Udaipur).
----Applicant
Versus
State of Rajasthan
----Respondent
For Applicant(s) For Respondent(s)
: Mr. R.K. Charan
: Mr. R.R. Chhaprwal, Public Prosecutor
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order
Issues for consideration
3 issues framed by the court
Whether the suspension of sentence should be granted when eye witnesses turned hostile but other evidence stands unrebutted.
Whether the reliability of the recovery of the country-made pistol and witness PW-27 justifies maintaining the trial court's sentence.
Whether the argument that co-accused sentences are suspended warrants suspension of this applicant's sentence.
Parties & counsel
- applicant
Chunnu @ Imran S/o Shri Deran Khan Patah
- respondent
State of Rajasthan
Coram
Vijay Bishnoi
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · October
- Registered
- Case no.
- SOSA/407/2023
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