1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5686 of 2022
(GULURAM SAHU AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 25-01-2023
Dr. Anuvad Shrivastava - Advocate for the appellants.
Ms. Sunita Sood - Panel Lawyer for the respondent/State.
Heard on I.A. No.1356/2023, which is second application filed by the appellant No.1 for suspension of sentence.
B y the impugned judgment dated 29.06.2022 passed by Ist Additional Session Judge, Mandla, in Sessions Trial No.185/2017 the appellant No. 1 has been convicted under Sections 307 read with Section 34 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.500/- with default stipulations. His first application was dismissed as withdrawn vide order dated 20.07.2022.
Learned counsel for the appellant No.1 has submitted that appellant No.1 is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. Appellant No.1 is in jail since long and final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the sentence of appellant No.1.
Learned Panel Lawyer has opposed the application. I have heard learned counsel for the parties. Appellant No.1 is the main accused, who caused fatal injuries (two incised wounds) on the head of the complainant by using an axe.
Looking to the nature of offence and role attributed to the appellant No.1, Signature Not Verified SAN I am not inclined to allow this application. Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.01.28 11:49:14 IST Accordingly, I.A. No.1356/2023 is hereby dismissed.
2(SMT. ANJULI PALO) JUDGE rj Signature Not Verified SAN Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.01.28 11:49:14 IST