RAMESH NATHULAL SOLANKI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both applications are of convicted accused namely Ramesh Solanki (Cri. Application (APPA) No.564/2023) and Yash Lakhani (Cri. Application (APPA) No.555/2023) suspension of execution of sentence in terms of Sec. 389 of the Code of Criminal Procedure. After full-fledged trial total seven accused have been convicted for the offence punishable under Sec. 302 read with 149 of the Indian Penal Code and sentence to suffer imprisonment for life.

(2.) Besides usual grounds like inadequacy of material, incorrect appreciation of evidence, variance in the statements of eye witnesses, the suspension is claimed on the ground of parity primely with co- accused namely Shankar. Undeniably accused Shankar along with Devilal @ Deva and Suraj had applied for suspension and grant of bail which has been allowed by this Court on merits vide common order dtd. 3/5/2023. It is not the contention of the State that the said order has been challenged.

(3.) Learned APP would submit that there are four to five eye witnesses to the incident who have specifically stated about the role of applicant Ramesh holding the weapon and participating in the crime. Moreover, it is submitted that with the aid of Sec. 149 of the Indian Penal Code they are equally responsible for the acts committed by co-accused in furtherance of the common crime.