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Judgment
Anjuli Palo, J
Heard on I.A.No.9299/2020, which is a repeat application for suspension of sentence on behalf of appellant No.2 -Bijju alias Vijay.
The appellant has been convicted under Sections 302 and 323 of IPC and sentenced to undergo Life Imprisonment with fine amount of Rs.1,000/-and R.I. for three months respectively, with default stipulations.
Learned counsel for the appellant submits that as per prosecution story, more than one person attacked deceased Ghanshyam Prajapati. The limited role attributed on the appellant was that he assaulted the deceased by a 'lathi'. As per medical report, there was only one injury found on the person of the deceased. The appellant has completed more than 10 years in custody. As per medical reports the injury caused by the present appellant is not the reason of death of deceased hence, appellant may be enlarged on bail.
The prayer is opposed by learned Panel Lawyer for the respondent- State.
The contentions made by learned counsel for the appellant are actually incorrect. The date of incident is 20.03.2011. The appellant has not completed 10 years in custody as projected.
Apart from this, as per postmortem report six injuries were found on the person of deceased. The deceased was a handicapped person having only one leg. The fatal injury on temporal region was found and his occipital bone was found to be damaged/fractured. The son of deceased Nitin (PW-5), who was an eye witness, has deposed categorically against the present appellant, which is corroborated by the statement of widow (PW-2). Considering the aforesaid, no case is made out for suspension of sentence.
Accordingly, I.A.9299/2020 is dismissed.