MAHENDRA SOLANKI Vs. STATE OF M.P

JUDGEMENT

(1.) Heard on I.A.No.2698/2020, which is an application for suspension of jail sentence of the appellants (Mahendra Solanki and Rajendra Singh) who have been convicted by ASJ, Indore in S.T.No.1308/09 for the offence punishable under Sections 148 , 302 / 149 of IPC and sentenced to undergo Life Imprisonment vide judgment dated 1.6.2019. This application is filed along with the application for urgent hearing.

(2.) It has been submitted by the learned counsel for the appellants that the case of the appellants is not different from the case of other two co-accused persons namely Nilesh and Naveen who have been granted the benefit of suspension of jail sentence vide orders dated 16.1.2020 and 29.2.2020. He has submitted that as already noted by this court in these orders, as many as five eye-witnesses have not been considered to be reliable eye-witnesses by the trial court and the conviction is based on the evidence of only eye-witness - Basantibai (PW1) who is mother of the deceased Vikas @ Bulbul. This court in its earlier order dated 16.1.2020 had observed that in the deposition of Basantibai (PW1) there are number of contradictions and she does not appear to be a reliable witness. The learned counsel submits that on this ground itself the suspension of applications have been allowed and the case of the appellants are not different.

(3.) Learned Government Advocate was heard who submits that the case of the appellants is different from the other appellants who have been given the benefit of suspension as the present appellants had inflicted the sword blows upon the deceased Vikas.