KISHOR @ KISHAN Vs. STATE OF C.G.

JUDGEMENT

(1.) This order shall dispose of the following interim applications:

(2.) The appellants have been convicted under Section 302/120-B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with fine of Rs. 1,000 plus default stipulation.

(3.) According to the counsel for the appellants the entire prosecution case is based on circumstantial evidence and the main circumstance against the accused/appellants are their memorandum and recovery of certain articles. Counsel for the appellants have argued that the prosecution has failed to prove that the articles which have been seized by the appellants have been used in commission of the offence and there is no FSL report to this effect. Lastly, it has been argued that the appellants are in jail since 31.8.2010 and the disposal of this appeal may take some more time, therefore the sentence imposed on the accused/appellants may be suspended and they be released on bail during the pendency of this appeal.