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2021 Supreme(Raj) 291

PRAKASH GUPTA, CHANDRA KUMAR SONGARA
Yogesh @ Nitish @ Yogi – Appellant
Versus
Shivcharan – Respondent


Advocates appeared:
Mr. Abdul Kalam Khan, Advocate, Mr. I.J. Kathuriya, Dr. T.N. Sharma, for the Appellant; Mr. S.C. Gupta, Advocate, Mr. Javed Choudhary, PP, for the Respondent.

JUDGMENT

1. These two suspension of sentence applications have been filed under Section 389 CrPC.

2. Learned counsel for the accused appellants Yogesh @ Nitish @ Yogi and Shivkishan @ Shoukeen submits that out of total 10 accused persons, 3 have been acquitted and 7 have been convicted. He further submits that the two persons, against whom the allegation is for causing fire arm injury, are not before this Court. He further submits that PW-2 Prem Devi (wife of deceased) and PW-11 Mukesh Kumar have not given any evidence against the accused appellants.

3. Learned counsel for the accused appellants Shiv Charan and Rajesh @ Monu submit that the date of incident is 9.6.2015, but the mobile was purchased by accused appellant Shiv Charan on 27.6.2015 (vide Ex. P-143). The accused persons have been falsely implicated in this matter, hence their sentence is required to be suspended.

4. Learned PP appearing for the State assisted by counsel for the complainant have opposed the same and submit that the mobile phones with SIMs were recovered from the possession of the accused persons on the basis of information furnished by them in this regard. The accused persons were in constant touch with one a

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