1 D.B. Criminal Misc. Second Application(SOS) No. 804/2010. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER D.B. Criminal Misc. Second Application for Suspension of Sentence No. 804/2010 In D. B. Criminal Appeal No. 797/2008 Mohan Lal Vs. The State of Rajasthan. Date of Order: 02.12.2010 Hon'ble Mr. Narendra Kumar Jain,J. Hon'ble Dr. Mrs. Meena V. Gomber,J. Mr. Vijayant Nirwan on behalf of Mr. A.K. Gupta, for the applicant-appellant. Mr. Amit Punia, Public Prosecutor, for the State. Mr. Rajesh Choudhary on behalf of Mr. Biri Singh Sinsinwar, for the complainant. Heard learned counsel for the parties. This is second application for suspension of sentence of the appellant. First application for the appellant for suspension of sentence was dismissed by detailed order on 28.01.2009. Learned counsel for the applicant submitted that he has moved this second application on the ground that P.W. 7 Shiv Raj has filed claim petition for awarding compensation before the Claims Tribunal in respect of death of deceased, who is alleged to have been murdered in the present case, 2 D.B. Criminal Misc. Second Application(SOS) No. 804/2010. therefore, it is clear that it was not a case of culpable homicide amounting to murder, therefore, sentence of imprisonment awarded by the trial court may be suspended. Learned counsel for the complainant submitted that due to wrong advice given by their counsel, they moved the application for compensation before Claims Tribunal, but they have now moved an application for withdrawal of the claim application. A certified of the application for withdrawal of the claim application has also been annexed. After considering all the facts and circumstances of the case, we are not inclined to allow this application and the same is, accordingly, dismissed. (Meena V. Gomber),J. (Narendra Kumar Jain),J. Manoj, Item No.S.1.