Judgment:
V.K. Bali, J.
1. Pappu @ Ramphal was tried with three of his brothers. Ashok, one of his brothers, is husband of the deceased. Ashok and two other brothers of the applicant have been acquitted. The only evidence, it is urged on the basis of which the applicant could be connected with the crime was recovery of 'Phavda'. The learned counsel contends that recovery of 'Phavda' on a disclosure statement made by the applicant was sought to be proved by Sher Singh and Dharam Pal, who are Police Constables and it will be difficult to accept their testimony. He further contends that in the FSL report Ex. 32, even though, 'Phavda' may have been found, which is strained with human blood but the prosecution led no evidence to show that the blood group was same as that belonged to the deceased. On the blouse of the deceased as well, it would not be proved that blood found was that of the deceased.
2. Without commenting upon the contentions of the learned Counsel as noted above, as that may prejudice the case of either of parties at the time of final hearing, we are of the view that a case for suspending the sentence of the applicant Pappu @ Ramphal has been made out.
3. We order that during the pendency of the appeal, the sentence imposed upon the applicant Pappu @ Ramphal shall remain suspended. He is thus admitted to bail to the satisfaction of learned Trial Judge.