LAWS(DLH)-2007-3-48

SHIBU SOREN Vs. C B I

Decided On March 14, 2007
SHIBU SOREN Appellant
V/S
C.B.I. Respondents

JUDGEMENT

(1.) Vide judgment dated 28th November, 2006 and order of sentence dated 5th December, 2006, appellant Shibu Soren had been convicted for the offences punishable under sections 120-B read with section 364/302 IPC. He was sentenced to undergo imprisonment for life and fine of Rs.5 lakh and in default of payment of fine, additional R.I for one year for the offence under section 120-B read with section 364/302 IPC. Appellant preferred an appeal, which was admitted to hearing on 25th January, 2007. Notice was issued in the application for suspension of sentence and conviction. Respondent-CBI has filed a detailed reply to the application on merits.

(2.) Mr.Dinesh Mathur, learned senior counsel for the appellant as also Mr.Amarendra Sharan, learned Addl. Solicitor General were heard at length.

(3.) Appellant seeking suspension of sentence assails the impugned judgment as erroneous case being bereft of any evidence of criminal conspiracy implicating the appellant. Appellant had been charged for the offences punishable under section 120-B read with section 364/302 IPC for the murder of his Private Secretary Shashi Nath Jha. Two accused Sunil Khaware and Ashish Thakur who had been charged for the offences under section 120-B read with section 364/302 IPC and for the substantive offence under section 364 IPC were acquitted.