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ATMARAM v STATE - CRLAB Case No. 56 of 2007  RD-RJ 1044 (23 February 2007)
D. B. Cr. Misc.II Appl. for Suspension of Sentence No.56/2007
D.B. Criminal Appeal No.439/2002
Date : 23.02.2007
Hon'ble Mr. Justice Satya Prakash Pathak
Hon'ble Mr. Justice G.S. Sarraf
Mr. D.S. Dev for applicant.
Mr. V.R. Mehta, Public Prosecutor.
The present matter has come up on an application for suspension of sentence of the accused applicant Atma Ram who was convicted under Section 302 of the Indian Penal Code.
The contention of learned counsel for the applicant is that in this case two important aspects of the matter are required to be considered; firstly that the co-accused who was having
Knife, has been granted bail and since the case of the present accused applicant is similar to the co-accused, therefore, he should also be granted bail, and secondly one of the persons who was present at the time of the incident has been left by the police, therefore, the matter of the applicant may also be considered for bail.
On the other hand, learned Public Prosecutor has opposed the bail application.
We have carefully perused the impugned judgment and the findings of guilt recorded whereby the accused applicant was convicted and sentenced for life under Section 302 IPC.
The allegation against the accused applicant is to the effect that he was having Knife and in that connection PW2 mother of the deceased lodged the report clearly stating the manner in which the incident took place and also specifically stated that the accused applicant was responsible for inflicting Knife blow. As per the medical report and the statement of Doctor Mr. Indrapal Singh
(PW3) the injury is sufficient in ordinary course of nature to cause death, therefore, it is not desirable for us to discuss other evidence available on record but at the same time, we are satisfied that it is not a fit case where the sentence of the accused applicant is suspended.
The application for suspension of sentence stands rejected.
(G.S. SARRAF), J. (SATYA PRAKASH PATHAK), J.
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