Sandeep Mehta, Devendra Kachhawaha, J. - (1.) Heard.
(2.) Perused the material available on record. The case of the prosecution is based totally on circumstantial evidence. The allegations of the prosecution as against the appellant and the co-accused Bhalla Ram @ Bhaliya @ Sahi Ram are identical. The application for suspension of sentences filed on behalf of co- accused Bhalla Ram @ Bhaliya @ Sahi Ram was accepted by this Court vide order dated 17.10.2019 passed in D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 992/2019 in the following manner: "The appellant (applicant herein) stands convicted for the offence under Sections 148 and 302/149 IPC vide judgment dated 19.08.2019 passed by the learned Additional Sessions Judge No.3, Bikaner in Sessions Case No.154/2012. Learned Senior Counsel Shri Jagmal Singh Choudhary, appearing for the applicant, urges that the entire case of the prosecution is based on the circumstancial evidence. The material prosecution witnesses PW-1 Pramod Kumar and PW-2 Kishan Singh have not given any evidence against the applicant appellant and the finding recorded by the trial Court at page No.12 of its judgment to this effect is contrary to record. He further urges that the sole circumstance, on which the prosecution banks upon so as to bring home the guilt of the appellant, is the allegation that the deceased Shri Shiv Dayal called his friend PW-6 Vinod Singh at about 12.30 p.m. and told him that he was at the Jaipur by-pass road and that five accused namely; Bhallaram, Mohanram, Anil Bhargav, Devendra @ Devaniya and Lala Nayak were accompanying him. He urges that this sole telephonic statement has been construed as a dying declaration by the trial Court, whereas the same does not disclose any circumstance pertaining to the death of Shri Shiv Dayal and hence, it cannot be treated to be a dying declaration. He further urges that corresponding call details to establish that there was a telephonic conversation between Shiv Dayal and PW-6 Vinod Singh were not collected by the Investigating Officer during investigation. He urges that there is no evidence with the prosecution which can be considered to be sufficient so as to connect the appellant with the offence. On these grounds, Shri Choudhary urges that this suspension of sentence application may be accepted and the applicant appellant may be released on bail during the pendency of the appeal."
(3.) On basis of this very order, applications for suspension of sentences filed on behalf of co-accused Mohan Ram and Anil Kumar have already been accepted by this Court vide orders dated 11.11.2019 and 02.01.2020 passed in D.B. Criminal Misc. Suspension of Sentence Applications (Appeal) Nos.1194/2019 and 1339/2019.;