Dismissed

Ramcharan Yadav Son of Nathuram v. State of Rajasthan

Rajasthan HC10 Aug 2023SOSA/799/2023

Case brief

AI extract

What is this about?

The High Court dismissed a suspension of sentence application in a D.B. Criminal Appeal. The bench declined to entertain the plea citing reliable last seen witnesses, recovery of a blood-stained knife, investigation of the knife seller, and recovery of the accused's motorcycle from the scene.

What did the court decide?

The suspension of sentence application is dismissed. The matter is listed for hearing after preparation of the paper book.

Ramcharan Yadav Son of Nathuram Vs State of… — 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.799/2023

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D.B. Criminal Appeal No.134/2023

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Ramcharan Yadav Son Of Nathuram, Resident Of Sarmanda Ki Dhani, Mahariyo Ka Baas, Tan Pachar, Police Station Kalwar, Dsitrict Jaipur (Rajasthan) (At Present In Central Jail Jaipur)

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----Petitioner

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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 Petitioner(s) : Mr. Vijendra Yadav, Adv. Mr. Anil Kumar Yadav, Adv. For Respondent(s) : Ms. Alka Bhatnagar, AGA

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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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10/08/2023

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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 applicant has remained in custody for a period of six years and six months. Name of the applicant is not appearing in the first information report. The testimony of last seen witnesses is not reliable. It is also contended that the co-accused in this case have been acquitted.

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[SOSA-799/2023]

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(2 of 2)

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Learned Additional Government Advocate has opposed the application for suspension of sentence. It is contended that there are last seen witnesses; there is recovery of blood-stained knife; the person who sold the knife has also been examined before the Court. It is also contended that the motorcycle belonging to the accused was also recovered from the place of occurrence.

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We have considered the contentions.

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Looking to the statement of PW-8, 9, 10, 12, 13, 14, 15 and 17; recovery of blood-stained knife and statement of PW-24 that he sold the knife to the accused; recovery of motorcycle belonging to the accused from the place of occurrence, 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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Let the matter be listed for hearing after preparation of the paper book.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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Keshav/21

Ramcharan Yadav Son of Nathuram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramcharan Yadav Son of Nathuram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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