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Judgment
Abhay S. Waghwase, J
Instant application is for suspension of sentence and grant of bail by virtue of conviction recorded by learned Additional Sessions Judge, Ambad in Sessions Case No.274 of 2021 for offence punishable under section 307 of Indian Penal Code (IPC) and sentencing applicant to suffer rigorous imprisonment for ten years and to pay fine.
According to learned counsel for applicant, there is apparently false implication in the backdrop of dispute over land. There are allegations of use of axe. It is pointed out that out of six accused five are acquitted and applicant alone is held guilty for offence under section 307 of IPC. It is further pointed out that applicant was on bail during trial. That, as appeal filed against judgment and order of conviction would take long time to heard and decided, relief of suspension of sentence and grant of bail be granted.
Opposing the above application, learned APP would submit that, there is commission of serious offence of attempt to murder. There is use of axe. That, victim was required to undergo brain surgery. Therefore, considering the nature of allegations which are proved and sentence awarded, she prays to reject the application.
After considering the submissions and on going through the papers, it seems that, in all six persons were charge-sheeted by Gondi police station for offence punishable under sections 307, 341, 326, 324, 323, 143, 147, 148 read with section 149 of IPC. Apparently, present applicant (accused no.5) alone is held guilty for offence of section 307 of IPC, and is acquitted for rest of the offence. Sentence awarded is of ten years.
On going through the evidence of victim Shivaji, it is clear that, he has suffered head injury on account of assault by means of axe. There is convincing and injured witness account. Medical witness has also confirmed that injury would have turned out to be fatal. Injury is said to be caused on head i.e. left parietal depressed fracture with contusion.
Considering the above quality of evidence, nature of allegations and circumstances in which incident took place, this court does not find it a fit case for grant of relief.
The criminal application stands rejected.