RUDDAL Vs. STATE OF DELHI

JUDGEMENT

(1.) This application under Section 389 Cr.P.C. has been made by the convict for suspension of sentence, who has been convicted under Section 304 Part II/34 IPC and sentenced to 07 years RI, although he was charged under Section 302 IPC along with other co-accused persons.

(2.) A perusal of the judgment would show that the appellant was not the person, who had inflicted knife injuries on the deceased. It was the other person, who had inflicted knife injuries and the role assigned to the appellant was that he instigated the other accused person to inflict knife injuries. I have considered the evidence and the judgment, I consider it is a fit case where sentence of the appellant should be suspended. I, therefore, allow this application and suspend the sentence of the applicant. He be released on bail on executing a personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of Registrar General of this Court.

(3.) The application stands disposed of.