AI Structured Summary
Not yet generated for this judgment
Judgment
Heard on I.A.No.16376/2019, an application for suspension of sentence and grant of bail filed for appellant no.2, Raama @ Rama.
The appellant was convicted under Sections 302/149 and 148 of the Indian Penal Code and sentenced to undergo R.I. for life and R.I. for 1 year with
fine of Rs.5000/- and Rs.1000/- respectively with default stipulation.
Learned counsel for the appellant submits that this Court was kind enough in granting bail to the co-accused, Ram Singh by order dated 6.8.2018. This
appellant has also not used any dangerous weapon as per prosecution story. The ""Danda"" was recovered from the appellant. By taking this court to
FSL report. it is argued that blood stains were not found on the said Danda. As per injuries found on the decease, the appellant has not caused any
grievous injuries which may cause death of the deceased. The final hearing of appeal may take time and hence remaining jail sentence of appellant
may be suspended.
Prayer is opposed by learned P.L..
We have heard counsel for the parties at length and perused the record. Appellant was held guilty for committing offence under Section 148 and 149
also. The multiple persons caused multiple injuries on the deceased.
This court granted the benefit of suspension of sentence to co-accused, Ram Singh because the said co-accused has not used any weapon and
allegedly used the body parts (kicks and fists). The present appellant was carrying 'Danda' and there were certain injuries found on the person of
deceased which could be caused by 'Danda'. More than one eye witness deposed against the appellant.