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Judgment
Heard on I.A. No. 4196/13 which is repeat application for suspension of sentence and grant of bail to the appellant. The earlier one was dismissed vide order dated 30/3/12 as not pressed. Appellant has been convicted u/s 302 of the Indian Penal Code for committing the murder of Neemabai, by trampling her under his Tractor.
Learned counsel for the appellant submitted that the evidence on record suffered from material contradictions, omissions and exaggerations, and the impugned judgment was based upon misappreciation of evidence. He, therefore, prayed that the appellant was entitled to suspension of sentence.
On the other hand, learned Government Advocate opposed the prayer.
Having regard to the arguments advanced by the parties, record of the trial Court was perused.
Mahesh (PW1) categorically deposed that appellant after having started his Tractor had engaged reverse gear and trampled his mother leading to her death. The same was corroborated by Gaurabai (PW2) and Kalicharan (PW3).
Thus, taking into consideration the aforesaid facts and circumstances of the case, but without expressing any opinion on the merits thereof, we are of the considered opinion that it is not a fit case for suspension of sentence. The application, therefore, stands dismissed.