Citation : 2021 Latest Caselaw 1935 MP
Judgement Date : 8 May, 2021
1 CRA-1488-2021
The High Court Of Madhya Pradesh
CRA-1488-2021
(VINOD KORI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 08-05-2021
Heard through Video Conferencing.
Shri Richard Rahul Rajoor, learned counsel for appellants.
Shri Abhinav Kherdikar, learned Panel Lawyer for
respondent/State.
Ms. Pooja Gupta, learned counsel for complainant.
Heard on the question of admission.
It is submitted by learned counsel for the appellants that offence has been compounded with the complainant. He has filed an application for permission to compound the offence.
Offence under Section 307 of IPC is not compoundable in nature.
Considered the same, application for permission to compound the offence will be considered at the time of final hearing. Appeal is admitted for hearing.
Appellants have filed I.A No.3596/ 2021 under Section 389(1) of Code of Criminal Procedure, for suspension of jail sentence.
Appellants have been convicted under Section 307/34 of I P C and sentenced to undergo R.I. for seven years with fine amount of Rs.10,000/- and RI for six months each with default stipulation.
It is submitted by learned counsel appearing for appellants that victim was not able to identify the appellants, therefore, appellants' case for suspension of sentence be considered.
Learned Panel Lawyer opposed the application for suspension of sentence and relied upon the judgment passed by the Sessions Court. It is argued by him that victim has identified the appellants in the Court. He was seriously injured. He has clearly stated in his deposition before the Court that appellants were the persons who had assaulted him. Signature SAN Not Considering the aforesaid facts and circumstances of the case, I.A. Verified
Digitally signed by SUNIL KUMAR PATEL Date: 2021.05.08 14:02:47 IST 2 CRA-1488-2021 No.3596/2021 is dismissed.
List the appeal for final hearing in due course.
(VISHAL DHAGAT) JUDGE
sp/-
Signature SAN Not Verified Digitally signed by SUNIL KUMAR PATEL Date: 2021.05.08 14:02:47 IST
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