MAHENDER SINGH SHERAVAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the captioned applications under sec. 389 of the Code of Criminal Procedure, the applicants - org. accused No.6-Mahender Singh Sheravat s/o Dungarsingh, org. accused No.1-Anoop Sood and org. accused No.5-Anil Kattundy Narayanan (hereinafter referred to as "A-6, A-1 and A-5" as per their original status in the trial) seek suspension of sentence imposed upon them by the judgment and order of conviction and sentence rendered on 10/5/2022 passed in C.B.I. S.C. No.01/2016 by the learned Special Judge, CBI Court No.5, Ahmedabad. The applicants -org. accused are convicted for the offences punishable under Sec. 302, 331, 348 and 177 r/w Sec. 120B of Indian Penal Code and each of the appellant - accused are sentenced as under:

(2.) The brief facts of the case of the prosecution as unfolded from the record are as under:

(3.) The prosecution has examined in all 56 witnesses and also produced documentary evidence, so as to bring home the charge against the accused. In further statement recorded under sec. 313 of the Cr.P.C, the accused denied incriminating circumstances put to them and they further stated that a false case has been filed against them. A-5-Mr.Anil K N has further stated that his Superior Officer Mr.J S Sidhu had called him late night and had ordered him to take the person lying on the road to the hospital.