SULTAN Vs. STATE

JUDGEMENT

(1.) THE appellant Sultan along with co-accused Vinod Kumar @ Bihari have been convicted under Section 307/34 of the Indian Penal Code (IPC) and each had been sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1,000.00 in default of payment of fine to further undergo simple imprisonment for six months. Benefit of Section 428 of Cr.PC had been granted.

(2.) BEFORE this Court the appellant is Sultan. The co-convict has not filed any appeal. The nominal roll of the appellant shows that he has undergone sentence of about 10 months including his period as a under- trial; submission of the learned counsel for the appellant being that he must have also earned certain remissions in this period.

(3.) THE entire case of the prosecution was based on the testimony of PW-1. The MLC Ex. PW-5/A was proved by PW-5 Dr. R.V. Singh. Since Ex. PW-5/A already stood proved, the argument of the learned counsel for the appellant that PW-9 could not identify the signatures of the Doctor who had prepared the MLC is not of much weight.