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[2026:RJ-JP:12550-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Criminal Misc Suspension Of Sentence Application No.

1859/2025 in

DB Criminal Appeal No. 391/2025

Raja @ Rajaram S/o Tejram, Aged About 32 Years, R/o Ratnapura, Police Station Sapotara, District Karauli Rajasthan At

Present Confined In Central Jail Bharatpur ----Applicant

Versus State Of Rajasthan, Through PP

----Respondent Connected With

D.B. Criminal Misc Suspension Of Sentence Application No.

995/2024 in

DB Criminal Appeal No.192/2024 Banwari Lal Son Of Kadu Ram @ Girraj Prasad, Aged About 28 Years, Resident Of Sheesh Wali Dhani Tan Bilona Police Station Mandawari, District Dausa (Rajasthan) (Presently Confined In

Central Jail, Bharatpur)

----Applicant Versus

The State Of Rajasthan, Through P.P ----Respondent

For Petitioner(s) : Mr. B.M. Sandu with Mr. Abhimanyu Sandu

Mr. Dinesh Kumar Choudhary Mr. Abdul Kamal Khan with

Mr. Mukesh Chand Meena For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

25/03/2026

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[2026:RJ-JP:12550-DB] (2 of 5) [SOSA-1859/2025]

These suspension of sentence applications under Section 430

of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been filed by the accused-applicants (for brevity, “the applicants”) alongwith

the appeals.

The applicant-Raja @ Rajaram S/o Tejram has been

convicted and sentenced by the learned Sessions Judge, Karauli vide judgment dated 25.06.2025 passed in Sessions Case

No.79/2020 (CIS No. 79/2020) as under:-

1. Under Section 302 read with Section 34 IPC: Life imprisonment and fine of ₹50,000/-; in default whereof, six

months’ additional rigorous imprisonment.

2. Under Section 3/25 of the Arms Act: Three years’ rigorous imprisonment and fine of ₹10,000/-; in default whereof, one

month’s additional rigorous imprisonment.

All the sentences to run concurrently.

The applicant-Banwari Lal S/o Kadu Ram @ Girraj Prasad has

been convicted and sentenced by the learned Sessions Judge, Karauli vide judgment dated 02.04.2024 passed in Sessions Case

No.79/2020 (CIS No. 79/2020) as under:-

1. Under Section 302 read with Section 34 IPC: Life imprisonment and fine of ₹50,000/-; in default whereof, six

months’ additional rigorous imprisonment.

Learned counsels for the applicants submitted that the

learned trial Court has erred in relying upon the testimony of Mohan Lal (PW-3) as the witness of last seen whereas, his deposition reflects that he was an accomplice himself. They further submitted that the prosecution could not establish that the hut, where Mohan Lal has claimed to have seen the deceased last in

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[2026:RJ-JP:12550-DB] (3 of 5) [SOSA-1859/2025] the company of the applicants, belonged to the applicant- Raja @ Rajaram as claimed. Inviting attention of this Court towards the testimony of Luvkush son of Shri Bharat Lal (PW-5), they would contend that he has stated that both the applicants had gone together to the hut from where the Katta as well as the master key- the weapon of offence, were recovered but, their seizure memos have been prepared on different dates, i.e., 20.06.2020, 21.06.2020 respectively which create a doubt as to veracity of the prosecution case. They contended that in absence of blood grouping, mere presence of blood on their clothes and shoes was not sufficient to connect them with the alleged offence. They, therefore, prayed that the suspension of sentence applications be

allowed.

Per contra, learned Public Prosecutor, opposing the

submission, submitted that the testimony of Mohan Lal (PW-3) as the witness of last seen was creditworthy which stood corroborated from the site plan (Ex.P3). He, therefore, prayed for

dismissal of the applications.

Heard. Considered.

A perusal of the judgment impugned reflects that relying

upon the testimony of Mohan Lal (PW-3) as the witnes