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DB Criminal Suspension of Sentence

Application No.748/2013 In

DB Criminal Appeal No.381/2013

Kaka @ Mahendra Singh Vs. State of Rajasthan

DB Criminal Suspension of Sentence

Application No. 824/2013 In

DB Criminal Appeal No.322/2013

Mohan Singh Vs. State of Rajasthan

Date or order

: 24.10.2013

Hon'ble Mr. Justice Ajay Rastogi

Hon'ble Mr. Justice JK Ranka

Mr. KN Sharma,

Mr. MK Kaushik, for appellants/applicants.

Ms. Alka Bhatnagar, P.P.

Mr. Ashwini Jaiman, for complainant.

Since both the applications for suspension of

sentence have been filed by the accused appellants

who have been convicted for the offence u/S. 302/149

vide judgment dt. 10.4.2013, hence being decided by

the present order.

Counsel for appellants submits that initially

either of them was not charge sheeted for the alleged

incident. However, the learned trial court on an

application moved by the Public Prosecutor u/S.319

Cr.P.C., took cognizance against the appellants and

convicted them u/S.302 with the aid of Sec.149 IPC.

Counsel for appellants submits that it is not the

case of the prosecution that the so called alleged

fire arm was used by either of the appellant on the

person of