ABDUL JAHEER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These matters have been referred by the Division Bench to this Court to answer the following question:

(2.) For the sake of convenience facts of Criminal Appeal No. 57 of 2021 are taken into consideration for proper adjudication of the matter.

(3.) On 8/3/2022, the Division Bench of this Court, in which one of us was a Member, heard an application under Sec. 389 of the Code for suspension of the sentence moved by one Abdul Jaheer. He has been convicted along with others for the offence under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as "the Penal Code" for brevity) read with Sec. 34 of the Penal Code in Sessions Trial No. 86 of 2015 vide judgment dtd. 16/2/2021 and sentenced to undergo imprisonment for life and to pay fine of Rs.10,000.00 and in default, to further undergo simple imprisonment of two months under Sec. 302 / 34 of the Penal Code.