Kailash Singh @APPELLANT@Hash State Of Rajasthan

This application has been filed by the accused-applicant seeking suspension of sentence awarded to him by the trial court.

Contention of learned counsel for the accused-applicant is that only basis on which the accused-applicant has been made accused in the present case

is that his ear ring was allegedly found near the dead body.  Admittedly no such ear ring was not noticed by the police when inquest report was

prepared; dead body was removed to hospital, post mortem of dead body was conducted, statements of prosecution witnesses under Section 161

Cr.P.C. were recorded by the police and so much so mobile unit of FSL was also invited to inspect the site, which vide memo Exhibit P-56 recorded

that it thoroughly inspected site, but did not mention about any ear ring of the accused being found near the dead body or in the adjoining area.Â

Learned counsel has referred to all the memos, which the police prepared after dead body was discovered about 100 metres from the house. It is

argued that Devi Singh (P.W.3) in written report as also in court statement has stated that accused happens to be his son-in-law, who had come to

their house with his friend Haider on his motor cycle on the previous evening of incident to take food grains. His wife also gave him customary gift

of Rs. 500/-. He wanted to go back in the night only, but this witness insisted that it was too late and he should stay there in the night and leave in

the following morning. Learned counsel submitted that normal human conduct would be that if the accused-applicant had committed any mistake, he

would not have been found in the house in the morning. But he was very much present there. Since the villagers doubt the accused-appellant,

they subjected him to bearing. There were injury marks on the body of the accused in the arrest memo (Exhibit P-27). Two silver articles of the

deceased were shown recovered from a pit outside the house of deceaed. It was a planted recovery. This explains the blood stains on T-shirt of

the accused recovered vide memo Exhibit P-28. Though, FSL Report (Exhibit P-12) has found the blood stains on T-shirt, but since the accused-

applicant himself was injured, his blood group has not been ascertained to rule out that it was not his own blood. Case of the prosecution entirely

hinges on circumstantial evidence and there are several missing links in the chain of circumstances, which are compatible with his innocence. The

accused-applicant is in jail for almost three years and hearing of the appeal is likely to take a long.    Â

Learned Public Prosecutor opposed the application and submitted that the evidence on record is sufficient to sustain conviction of the accused-

applicant and the learned trial court has not committed any illegality in convicting the accused-applicant.Â

Upon hearing learned counsel for the accused-applicants, learned Public Prosecutor, taking into consideration the evidence in totality, keeping in view

the arguments advanced before this Court but without expressing any opinion on the merits of the case, we are persuaded to suspend the sentence of

the accused-applicant.Â

In view of above, the application for suspension of sentence of the accused-applicant is allowed. It is, therefore, ordered that the sentence of

accused-applicant namely Kailash Singh son of Shankar Singh shall remain suspended till disposal of his appeal and he shall be released on bail,

provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial court to

the effect that he shall appear before this court on 09.04.2018 and as and when called upon to do so.