Order

12/03/2024

1. Heard on the application for suspension of sentence.

2. Learned counsel for the accused-applicant submits that accused-applicant has been falsely implicated in this case and he has served the sentence for more than three years.

3. Learned Deputy Government Advocate has opposed the suspension of sentence application and submits that during investigation the police has collected the CCTV footage in which both the accused-applicant and co-accused Bunty alias Manoj were seen near the house of the deceased. Learned Deputy Government Advocate further submitted that as per result of the DNA examination report the blood of deceased was found on the clothes of the accused persons, recovered by the police during investigation. The result of the DNA examination is reproduced as under:-

1. Mixed male DNA profile was obtained from exhibit no. 13 (Hairs).

2. Alleles of male DNA profile obtained from exhibit no. 26 (Blood sample of accused (Raju) on FTA card) & male DNA profile obtained from exhibit no. 27 (Blood sample of accused (Bunty) on FTA card) are accounted in the mixed DNA profile obtained from exhibit no. 13 (Hairs).

3. Male DNA profile was obtained from the blood stains detected on exhibit no. 2(Piece of towel from crime scene), 3(Chadda from crime scene), 4 (Rumal from crime scene), 5(Rumal from crime scene), 6(Piece of towel from crime scene),7(Piece of towel from crime scene), 8(Bedsheet from crime scene), 10(Piece of rope), 12(Sandasi), 14(Pieces of marble), 16(Cello tape), 17(Nail scrapping from both hands of deceased), 18(Baniyan of deceased), 19(Lower of deceased), 20(Screwdriver recovered from accused Raju), 21(Jeans pant of accused Raju), 24(Pant of accused Bunty) and 25(Shirt of accused Bunty).

4. Male DNA profile obtained from exhibit no. 15 (Blood sample of deceased on gauze) is matching with the male DNA profile obtained from exhibit no. 2(Piece of towel from crime scene), 3(Chadda from crime scene), 4(Rumal from crime scene), 5(Rumal from crime scene), 6(Piece of towel from crime scene), 7(Piece of towel from crime scene), 8(Bedsheet from crime scene), 10(Piece of rope), 12(Sandasi), 14(Pieces of marble), 16(Cello tape), 17(Nail scrapping from both hands of deceased), 18(Baniyan of deceased), 19(Lower of deceased), 20(Screwdriver recovered from accused Raju), 21(Jeans pant of accused Raju), 24(Pant of accused Bunty) and 25(Shirt of accused Bunty)”.

4. Learned Deputy Government Advocate submits that as per post-mortem report of the deceased as well as according to the statement of PW20(Dr. Sachin Meena) the deceased sustained as many as 16 injuries. He further submits that weapon of offence has also been recovered at the instance of accused persons.

5. Considering the facts and circumstances of the present case and also considering the DNA report and statement of Dr. Sachin Meena PW-20, no case is made out for allowing the suspension of sentence application.

6. Hence, this suspension of sentence application is dismissed.

(ASHUTOSH KUMAR),J (INDERJEET SINGH),J TANISHA /66

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