BHAGWAT ASHRUBA JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the applicant and learned APP for the respondent-State.

(2.) The applicant who killed his son has been convicted to suffer R.I. for 7 years for the offence punishable under Sec. 304 Part II of the IPC.

(3.) Learned counsel for the applicant would submit that the applicant has undergone around three (3) years imprisonment. It is a short term sentence. There are no exceptional circumstances to decline the suspension of the sentence. The appeal may take its time to conclude. There were no antecedents to the discredit of the applicant. The deceased and the applicant both were under the influence of liquor at the time of the incident. The incident happened out of the sudden quarrel. The applicant has a good defence to contest the appeal. The entire evidence needs to be re-appreciated. He is behind bars for sufficient period. Hence, the sentence may be suspended.