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2026 Supreme(Raj) 361

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHENDAR KUMAR GOYAL, ANIL KUMAR UPMAN
Virendra, S/o. Bhadairam – Appellant
Versus
State of Rajasthan, Through P.P – Respondent


Advocates Appeared:
For the Petitioner: Mr. Yogesh Singhal assisted by Ms. Saroj Singh
For the Respondent: Mr. Naresh Kumar Gupta, P.P.

JUDGMENT :

This suspension of sentence application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the accused-applicants (for brevity, “the applicants”) alongwith the appeal. The applicants have been convicted and sentenced by the learned Additional Sessions Judge, Nadbai, District Bharatpur (for short, ‘the learned trial Court’) vide judgment dated 02.04.2026 passed in Sessions Case No.10/2025 (CIS No.10/2025) as under:-

1. Under Section 341 IPC: One month’s simple imprisonment each.

2. Under Section 323/34 IPC: One year’s simple imprisonment and fine of Rs.500/- each; in default whereof, seven days' additional simple imprisonment.

3. Under Section 324/34 IPC: Three years' simple imprisonment and fine of Rs.1,000/- each; in default whereof, fifteen days' additional simple imprisonment.

4. Under Section 302/34 IPC: Life imprisonment and fine of Rs.10,000/- each; in default whereof, six months additional rigorous imprisonment.

All the sentences to run concurrently.

2. Learned counsel for the applicants submits that the deceased-Deshraj has received only one fatal injury on his head as per his postmortem report (Exhibit P.-30) which has specifically been

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