LAWS(ALL)-2009-12-341

SANTOSH SINGH Vs. STATE OF U P

Decided On December 15, 2009
SANTOSH SINGH Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Learned Counsel for the appellants submitted that though the accused-appellants have been convicted of offences under Sections 302/34 and 307/34 I.P.C. and have been sentenced to life imprisonment with fine, but out of 13 ante mortem injuries of the deceased, except injury No. 5 all others have been found to be simple in nature. The Autopsy Surgeon noticed that the deceased died due to haemorrhage and excessive bleeding as a result of ante-mortem injuries and particularly the injury No. 5 located on chest. Learned Counsel also submitted that the fatal injury No. 5 has been attributed to accused Bhim Singh, therefore, accused appellants may be considered for grant of concession of suspension of sentence.

(2.) Learned Counsel further submitted that the accused-appellants have remained in jail for over two and half years and this being a criminal appeal of 2007 is likely to take time for disposal.

(3.) On the other hand, learned State Counsel also does not have a serious ground to refute the contention of the Learned Counsel for the appellants.