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Judgment
This criminal appeal assails the judgment dated 24.07.2018 passed in S.T.No.105/2015 by 1st Additional Sessions Judge Ambah District Morena whereby the appellant No.2-Ravindra Singh has been convicted as under:
Section
Imprisonment
Fine
302 of IPC
L.I.
Rs. 10,000/- with default stipulation
341 of IPC
1 month S.I.
Rs. 500/- with default stipulation
I.A.No.195/2020, 1st application u/S. 389(1) Cr.P.C. for suspension of sentence moved on behalf of appellant No.2-Ravindra is taken up and considered.
Appellant No.2 has suffered custody period of four years for the offence of murder for which he has been sentenced to life imprisonment. The appellant is said to be aged about 48 years and it is submitted by referring to the impugned judgment that the basic ingredients for finding the appellant guilty with the aid of section 34 of IPC was not made out.
Admittedly prosecution story found to be proved that the appellant was present armed with 12 bore firearm alongwith other co-convicted person but there is no evidence of the appellant having used the same. However, considering the prosecution story where appellant No.2 alongwith other co-convicted person way laid the complainant and the victim by blocking their way and thereafter pulling the victim down from the tractor to cause firearm injury to him prima facie the basic ingredients of common intention u/S. 34 of IPC appears to be made out.
In view of above, this Court for the time being declines bail to the appellant by way of suspension of sentence and dismisses I.A. No.195/2020 with liberty to come again after suffering some further reasonable period of custody.