SANJAY Vs. STATE

JUDGEMENT

(1.) THIS is an application on behalf of the appellants, namely sanjay and Raju, seeking suspension of sentence of imprisonment, during the pendency of the appeal.

(2.) BOTH the appellants were held guilty by Additional Sessions judge vide impugned judgment dated 28. 11. 2007 for commission of offence punishable under Sections 365/342 IPC and vide order dated 5. 12. 2007, they were sentenced to undergo rigorous imprisonment for five years each besides a fine of rs. 1,000/- each and default clause under Section 365/34 IPC. They were further sentenced to undergo rigorous imprisonment for six months each with fine of rs. 500/- each and default clause under Section 342/34 IPC. Both the sentences were directed to run concurrently.

(3.) THOUGH they were charged under Sections 366/376 IPC but they were acquitted under those Sections as benefit of doubt was given to them. Since, the appellants have undergone only one year sentence out of five years awarded to them, therefore, looking to the facts and circumstances of the case, i am not inclined to suspend the sentence of the appellants at this stage. The application is dismissed.