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In The High Court of Judicature for Rajasthan

Jaipur Bench, Jaipur

O R D E R

D.B. Criminal Misc. Appli. for Suspension of Sentence No.314/2014

In D.B. Criminal Appeal No.1563/2007

Shiv Singh Vs. State of Rajasthan

Date : 10.04.2014

Hon'ble Mr. Justice Ajay Rastogi

Hon'ble Mr. Justice J.K. Ranka

Mr. Ajay Singh Adv., for accused applicant.

Mr. Rishi Raj Singh, Public Prosecutor for State.

Instant application has been filed seeking suspension of

sentence by the accused applicant who is in judicial custody & has

almost completed more than 7½ years & the alleged incident is of

12

th October,2006 and on the written complaint lodged by the

complainant who is nephew of the deceased Ganga Bai (senior

citizen), FIR (Ex.P13) came to be registered on 13.10.2006 at about

1:25 am.

Counsel for appellant submits that its a case of circumstantial

evidence, however, two prosecution witnesses PW1 & PW7 stated

that they had seen the appellant running from the place of incident,

however, as per recovery memo Ex.P10, a sum of Rs.840/- has been

recovered but there is no evidence on record about the money

recovered from the petitioner as alleged belong to the deceased o