GEETA CHHOTELAL JAISWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under section 389 of the Code of Criminal Procedure, 1973 for suspension of sentence and enlarging the applicant on bail till the disposal of this appeal.

(2.) The applicant-original accused No.2 came to be convicted for the offence punishable under section 302 of the Indian Penal Code, 1860 ('the Penal Code ') and sentenced to suffer rigorous imprisonment for life and pay fine of Rs.25,000/- with default stipulation for having caused the death of Rampal Gupta ('the deceased') in furtherance of common intention with Soti @ Malkar Chhedi Yadav, (accused No.1) who passed away during the pendency of the trial, by the learned Sessions Judge, Thane, by judgment and order dated 22 nd August 2019 in Sessions Case No. 147 of 2014.

(3.) The gravamen of indictment against the applicant was that the applicant had some dispute with the deceased. On the night intervening 10th and 11th October 2013, there was a quarrel between the deceased, on one side, and the applicant and co-accused, on the other side. The body of the deceased was found in the hilly area at Yadavnagar. Initially, the body could not be identified as the face of the deceased was smashed with a stone, which was lying at the said spot with blood stains thereon. Thus, the crime was registered by Mr.Milind Shejule, Police Constable, who was then attached to Rabale M.I.D.C. Police Station.