CHANDRAKANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is the Application for suspension of substantive sentence imposed upon the Applicant by the learned Additional Sessions Judge - 1, Nanded, vide Judgment and Order dtd. 19/3/2024 passed in Sessions Case No. 103/2021, convicting the Applicant for the offence punishable under Sec. 302 of the Indian Penal Code.

(2.) In short, case of the prosecution is that, prior to 31/1/2021, there was quarrel between the Applicant and PW5. Deceased Shubham and PW5 questioned the Applicant/Appellant in respect of the said incident when they happened to meet. The Applicant/Appellant got annoyed and assaulted the deceased with keychain knife. Due to the said assault, the deceased succumbed to the injury. The crime was lodged. The Applicant came to be tried and convicted.

(3.) It is submitted by the learned advocate for the Appellant that the size of weapon, which according to PW5 was used in the assault, was very small and was attached to the keychain of motorcycle. He submits that no intention can be gathered to commit the said murder. He submits that even if the evidence on record is accepted as it is, at the most the offence punishable under Sec. 326 of the Indian Penal Code would be made out. He prays for allowing the Application.