SAMAJILAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard on M.Cr.P. No. 25/2002 for suspension of sentence and releasing the appellant on bail.

(2.) The appellant has been convicted by the Trial Court under Sections 302/34, IPC and sentenced to imprisonment for life and a fine of Rs. 5000.00and in default of payment of fine; he has to undergo further R.L for one year. The appellant has been further convicted under Section 3(2)(v) of SC & ST (Prevention of Atrocities) Act and sentenced to imprisonment for life and a fine of Rs. 5000.00 and in default of payment of fine; he has to undergo further R.I. for one year. Both the sentences to run concurrently.

(3.) Counsel for the appellant submitted that it was the co-accused Suraj, who is said to have given the blow on the deceased. The sanha was read to the effect that when initially complainant went to the police station, the sanha was recorded, which goes to show that during the skuffle Suraj had kicked the deceased. It is also pointed out that the medical report goes to show that there is rupture of the spleen. It is further stated that the appellant has remained in jail during trial w.e.f. 9-7-1999 to 11-10-1999 and thereafter after the date of conviction i.e., 29-10-2001, which fact is not disputed by the learned Counsel for the State.