JUDGMENT

1. The instant application for suspension of sentence under Section 389 CrPC has been preferred by appellant-applicant Dala Ram, who has been convicted and sentenced vide judgment dated 14.09.2018 passed by learned Sessions Judge, Jalore in Sessions Case No. 31/2016.

2. Learned counsel Mr. Dhirendra Singh representing the appellant-applicant vehemently and fervently submits that there is no evidence worth the name of the record of the case so as to connect the appellant with the crime. He urged that the case of the prosecution is based totally on circumstantial evidence and a conjectural theory has been put up that the accused killed Banshi Lal owing to a land dispute and strung him up a tree so as to give the incident, shape of a suicide. He urged that ex facie, the evidence of motive is falsified in view of the fact that none of the prosecution witnesses supported this theory. He also referred to the statement of Dr. Puranmal Mohnot (P.W.16), who categorically stated that the deceased Shri Banshi Lal expired due to antemortem hanging and that the sharp weapon injury noticed on his head was not even remotely connected with the death. He further urged that the recoveries eff