- (1.) WE have heard counsel for the accused -applicants and learned Public Prosecutor.
(2.) FROM the material which has come on record, it reveals that all the accused -applicants in the instant applications filed for seeking suspension of sentence, have been convicted for offence u/s. 302 IPC or 302/34 IPC. Mr. AK Gupta, ld Counsel for the accused -applicant (Arjun Sharma), who has been convicted u/s. 302 IPC, submits that there are two dying declarations made by the deceased and if read alongwith the statement of doctor Mr. Shanker Lal Asnani PW -11 and of the Investigating officer PW -1, it disbelieves the prosecution case and there cannot be any involvement of the accused -applicant in the commission of crime.
(3.) AS regards other accused -applicants, Mr. Onkar Singh Lakhawat and Mr. Rajendra Singh Tanwar ld. counsel jointly submits that they were on bail during trial and convicted u/s. 302/34 IPC and at least they are entitled to seek indulgence of suspension of sentence pending appeal.;