Rahul @ Somendra Kandera vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1913

PANKAJ BHANDARI, BHUWAN GOYAL
Rahul @ Somendra Kandera – Appellant
Versus
State of Rajasthan – Respondent

Advocates Appeared:
For the Appellants : Mr. Abhinav Sharma.
For the State :Mr. Imran Khan, Dy. Govt. Advocate.
For the Complainants : Mr. Anil Sharma with Mr. S.P. Dhanera.

ORDER :

Accused-appellants have preferred this application for suspension of sentence.

2. Heard on application for suspension of sentence.

3. It is contended by counsel for the appellant that appellants have remained in custody for a period of about seven years. Appellants had sustained 5-7 injuries by sharp weapon. It is also contended that important material which was seized by police was not produced before the Court and the reason assigned by the Malkhana incharge is that they were taken away by a monkey. It is further contended that the case rests on circumstantial evidence and initially in the FIR the allegation was against Bhanu Pratap, however, after 20 days of the incident accused-appellants were falsely implicated.

4. Learned Deputy Govt. Advocate and counsel for complainant have opposed the application for suspension of sentence. It is contended that Sushila has stated that the deceased went with the appellants. It is also contended that in the FSL report blood group was matching. It is further contended that it was the appellants who called the deceased which is also established from the telephonic calls in the CDR.

5. I have considered the contentions.

6. Taking note of

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