SURESH S/O BASKAR Vs. STATE

JUDGEMENT

(1.) The Petitioner/Sole Accused stands convicted for the offence under Ss. 498-A & 302 of IPC and sentenced to undergo Rigorous Imprisonment for three years along with Fine of Rs.5,000,.00 in default to undergo Simple Imprisonment for one month for the offence under Sec. 498-A, I.P.C. to undergo Imprisonment for Life along with Fine of Rs.20,000,.00 in default to undergo Simple Imprisonment for three months, which are ordered to run concurrently, vide the Judgment, dtd. 4/10/2024 in S.C. No.9 of 2021 passed by the learned Sessions Judge, Mahalir Neethimandram, Chennai. Challenging the said conviction and sentence, the Petitioner/Appellant has preferred the Appeal. Pending the Appeal, the Petitioner has taken out the instant Miscellaneous Petition seeking to suspend the sentence and enlarge him on bail.

(2.) We have heard the learned Counsel appearing for the Petitioner and the learned Additional Public Prosecutor appearing for the Respondent.

(3.) Though the learned Additional Public Prosecutor would rely on the evidence of PW9, Eyewitness, we find that PW9 turned hostile. PW2 is the neighbour, who deposed about the occurrence. We have perused the Doctor's evidence also. The evidence of PW2 raises several issues, which require further consideration from the hands of this Court. Since the Petitioner has arguable points, we are inclined to consider the present Petition and suspend the sentence imposed on the Petitioner/Accused.