(1.) This application has been fled by the original accused No.6 for suspension of sentence that has been awarded against him in Sessions case No.122 of 2013 for the ofence punishable under Section 325 read with Section 149 and Sections 143 , 148 , 452 of Indian Penal Code.
(2.) Heard learned Advocate Mr. Vivek Bhavthankar for applicant and learned APP Mr. PG Borade for respondents-State.
(3.) The learned Advocate appearing on behalf of the applicant submitted that the learned trial Court has not appreciated the evidence properly. Except interested witness, the prosecution has not examined any independent witnesses. Some of the alleged injured persons have also not been examined. The two injured persons, who have been examined, are relatives of each other. Their testimony does not support the medical evidence. Further it had come on record that there was enmity between the informant and the accused persons since prior to the incident. The applicant has been acquitted of the ofence punishable under Section 307 of Indian Penal Code, Section 4 punishable under Section 25 of Indian Arms Act and Section 37(1)(3) punishable under Section 135 of the Bombay Police Act. It was alleged that the injured persons were assaulted by means of wooden log, sword, stick, iron rod, hockey stick, etc., however, the seizure panchanama has not been properly proved.