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2021 Supreme(Raj) 2382

VIJAY BISHNOI, GOVERDHAN BARDHAR
Narendra Suman – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Govind Prasad Rawat, Advocate, Rekha Madnani, Advocate

JUDGMENT

Goverdhan Bardhar, J. - Heard learned counsel for the applicant and the learned Public Prosecutor upon application for suspension of sentence.

2. Learned counsel for the applicant has submitted that the trial Court has grossly erred in convicting and sentencing the accused ? applicant vide impugned judgment. It is argued that the prosecution has failed to produce any direct evidence against the accused ? applicant to prove his involvement in the commission of crime and the trial Court has grossly erred in relying on so called circumstantial evidence produced by the prosecution. It is submitted that the said circumstantial evidence is also not conclusive to prove the guilt of the accused ? applicant. Learned counsel submitted that the dead body of the deceased was recovered on 9.10.2015 whereas the accused -applicant was arrested on 18.10.2015 and his clothes were recovered on 19.10.2015. It is submitted that it is difficult to comprehend that after committing the murder of the deceased, the accused ? applicant was wearing the same clothes for ten days. Learned counsel has invited our attention toward the statement of PW-24 Investigating Officer, who in his evidence has speci

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