JAGANNATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of substantive sentences of imprisonment. The applicant along with co-convicts has been convicted for the offences punishable under Ss. 143, 147, 148, 307, 324 read with Sec. 149 of the Indian Penal Code and, therefore, sentences to suffer a maximum sentence of rigorous imprisonment for 7 years and fine with default stipulation.

(2.) Learned counsel for the applicant took this Court through the evidence on record to ultimately urge for grant of the application. He also relied on certain authorities.

(3.) The learned A.P.P. and the learned counsel for the intervenor/ informant would, on the other hand, submit that, the victim was mercilessly beaten up. The victim is not in his senses. He has been confined to bed. He is unable to speak. His evidence, therefore, could not be recorded. The appeal is ready for hearing. This is second/ third application of the applicant. The application, therefore, could not be heard on merits again and again. The application of the similarly placed co-convict has been turned down. Evidence of eye witnesses was relied on to ultimately urge for rejection of the application.