LAKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the applications have been fled for suspension of sentence by original accused nos.1 and 2. In the appeals they are challenging their conviction in Sessions Case No.10 of 2018 by the learned Sessions Judge, Beed, for the ofence punishable under Ss. 302, 307, 460, 397, 324 read with Sec. 34 of the Indian Penal Code, dtd. 17/1/2023.

(2.) Heard Mr.Sohel E.Siddiqui, learned Advocate for the applicants and Mr.A.M.Phule, learned APP for the respondent- State.

(3.) The learned Advocate for the applicants have taken us through the evidence. His main contention is that learned trial Court has not appreciated the evidence properly. Though the informant injured has been examined but from the testimony as well as her own FIR would show that she had not witnessed the incident regarding murder of her parents as well as assault to her sister. Her sister stated to have expired after one year of the incident. In the cross-examination, the informant has stated that the accused had covered their faces. Under such circumstance, how she had identifed the accused is a question. The identifcation parade has been conducted but in view of the said admission, no importance can be given to the identifcation parade. The recovery of weapon is from open space. The articles, which are alleged to be stolen, have not been recovered from the present applicants. Therefore, there was nothing on record to connect the applicants to the crime. The applicants have hope of success in the appeals and therefore, they need not be kept behind the bar till their appeals are heard and disposed of which will take long time to decide.