SHANKAR @ SUKYA HUNYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Interim Application is filed by Shankar @ Sukya Hunya Rathod, accused no.3, who stand convicted in Sessions Case No. 503 of 2014, for committing an offence punishable under Sec. 302 r/w 34 of IPC and being sentenced to suffer imprisonment for life, along with other two co-accused namely Shankaribai and Shantabai.

(2.) In consideration of the application filed under Sec. 389 of CrPC, it is to be kept in mind that there exists a judgment of conviction, erasing the presumption leaning in favour of the accused regarding his innocence and despite the fact that an appeal filed by the convict is likely to take considerable period of time for it being heard finally, it is advisable to consider the application by considering all the relevant factors like the nature of accusations, the manner in which the crime is alleged to have been committed, the gravity of offence, and the desirability of releasing the accused on his conviction etc.

(3.) Keeping in mind the aforesaid principles of law, we have considered the case of the prosecution and the evidence placed before the Sessions Court for appreciation in support of the charge framed against the three accused persons for an offence punishable under Sec. 302 r/w 34 of IPC.