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Shibba @ Shiv Kumar & Ors. vs. State of Rajasthan

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Bharatiya Nagarik Suraksha Sanhita, 2023–Sec. 430 [ Corresponding Sec. 389 of Cr.P.C., 1973 ]–Penal Code, 1860–Secs. 302, 302/149, 341 & 148–Prayer for suspension of sentence–Incident took place inside the house of the some of accused-applicants–A perusal of the site plan reflects that all the three eye-witnesses were not present at the place of incident–There is absence of evidence on record to demonstrate that any ot the applicant has used any sharp edged weapon–The applicants were on bail during the trial and there is no allegation of misuse of their liberty–No possibility of the appeals being heard in near future–Applications are liable to be allowed subject to certain conditions.