Dismissed

Hemraj Son of Shri Rameshwar Lal v. State of Rajasthan

Rajasthan HC20 Sept 2023SOSA/479/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed the accused applicant's application for suspension of sentence in a criminal appeal. The court rejected the ground that weapon recovery was from an open place and jewellery was un-identified, noting the opposite recovery narrative, DNA match, and incidental recovery circumstances made suspension inappropriate.

What the court decided

AI extract

Hemraj Son of Shri Rameshwar Lal Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2023)

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[2023:RJ-JP:23917-DB]

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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 (Appeal) No. 479/2023

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D.B. Criminal Appeal No.69/2023

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Hemraj Son Of Shri Rameshwar Lal, Aged About 26 Years, Resident Of Dhani Khari Kothi, Tan Karad Police Station Danta Ramgarh, District Sikar (Raj). (At Present In District Jail Sikar).

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----Applicant

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Versus

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State of Rajasthan, through P.P.

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----Respondent

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For Applicant(s) : Mr. Ripu Daman Singh Naruka For Respondent(s) : Ms. Alka Bhatnagar, Addl. G.A. Mr. Dinesh Bishnoi (for Complainant/Victim)

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

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Order

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20/09/2023

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Accused-applicant has preferred this application for

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suspension of sentence.

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Heard on application for suspension of sentence.

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It is contended by counsel appearing for the accusedapplicant that recovery of weapon of offence is from an open place. The jewellery which has been recovered has not been identified by the complainant.

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Learned Additional Government Advocate as well as counsel appearing for the complainant have opposed the application for suspension of sentence. It is contended by counsel for the

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[SOSA-479/2023]

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[2023:RJ-JP:23917-DB]

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(2 of 2)

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complainant that jewellery was recovered from the tool box of the motor-cycle and certain jewellery were mortgaged by the appellant to take loan from the finance company. It is also contended that knife was recovered at the instance of the applicant and as per the DNA report, DNA of the blood found on the knife is matching with the DNA of the deceased.

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We have considered the contentions.

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Looking to the statement of Lal Kanwar (PW-12) as well as recovery of weapon of offence; recovery of jewellery at the instance of the accused and matching of the DNA of the blood found on the knife recovered with that of DNA of the deceased, we are not inclined to entertain the present application for suspension of sentence.

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Accordingly, the present application for suspension of sentence is dismissed.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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AMIT/34

Hemraj Son of Shri Rameshwar Lal v. State of Rajasthan

Case brief

What is this about?

What the court decided

Hemraj Son of Shri Rameshwar Lal v. State of Rajasthan

Case brief

What is this about?

What the court decided

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