RAMANBHAI DAHYABHAI RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms Maithili Mehta, learned APP waives service of notice of Rule on behalf of the respondent-State.

(2.) In this application under Section 389 of the Code of Criminal Procedure, 1973 the prayer is to suspend the sentence and grant regular bail to the applicant-accused no.1 who was convicted under section 302 read with section 120B of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs.2000/- in default of payment of fine to further undergo 2 months simple imprisonment.

(3.) Shri P.P. Majmudar, learned advocate for the applicant herein has taken us to the case of the prosecution in which it was alleged that the applicant-accused no.1 was harassing the girls and the deceased Shambhubhai and witness Shailendra reprimanded them for not doing so and as a result thereof, the appellant entered into conspiracy with an intention to kill Shambhubhai and witness Shailendra and the appellant called deceased Shambhubhai nearby at mobile tower of Dhimasar village. That witness Shailendra, who was on duty in the company refused to reach there in time and accused nos.1, 2 and 3 together had given knife blows to the deceased Shambhubhai on different parts of the body, who succumbed to the injuries later on.