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2021 Supreme(Raj) 1955

VIJAY BISHNOI, ASHOK KUMAR GAUR
Kunjya @ Kunj Bihari – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Mr. Ashvin Garg, for the Appellant; Mr. Javed Choudhary, PP, for the Respondent.

ORDER

1. The matter comes up for consideration of the application for suspension of sentence No. 651/2021 preferred on behalf of appellant-applicants, who have been convicted and sentenced by the trial court vide impugned judgment.

2. Learned counsel for the appellant-applicants has submitted that the trial court has grossly erred in convicting and sentencing the accused-appellants vide impugned judgment though the prosecution has failed to prove the charges against them, for which, they were put to trial. Learned counsel while inviting attention of this Court towards the statement of the alleged eyewitnesses has argued that all the eye-witnesses have not supported the prosecution case and turned hostile. It is further submitted that the trial court has recorded the finding that on the basis of circumstantial evidence, the appellant-applicants are found guilty for commission of the offences, however, a close look of the material as well as the evidence available on record clearly proves that the circumstantial evidence, on which, the trial court has relied upon are not sufficient to prove the guilt of the applicant-appellants. It is further submitted that during the course of trial,

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