ARVIND PASWAN @ KARAN Vs. STATE

JUDGEMENT

(1.) The applicant seeks suspension of sentence. He was convicted for having committed the offences punishable under Section-302, IPC.

(2.) Mr. Sumeet Verma, learned counsel urges that the testimonies of PW-2 and 3, the mother and the sister of the deceased would show that the death allegedly occurred in the afternoon, in any case, around or after 01:00 PM. According to the testimony of PW-2, the death probably occurred around 03:00 PM. However, postmortem report (Ex.PW-12/A) fixes the time of death as 18 hours prior to the commencement of the procedure i.e. around 08:00 PM on the day of the incident. It was urged that having regard to these circumstances, the appellant's involvement could not be said to have been proved.

(3.) Learned APP urges that the postmortem report cannot be treated as exact vis-a-vis the point of time. Learned APP urged that some latitude has to be given since the time mentioned in such reports is only an approximate. Learned counsel urged that having regard to the clear testimony of PW-1 who alleged that she saw the appellant last with the deceased should not be ignored.