BHAGWANDEEN DAHIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has been convicted under Sec. 302/34 of the I.P.C., sentenced to undergo R.I. for life and fine of Rs.5000.00 and Sec. 323/34 of the I.P.C., sentence to undergo R.I. for one year and fine of Rs.1,000.00 with default stipulation.

(2.) Learned counsel for the appellant submits that this Court was kind enough in suspending the remaining jail sentence of appellant No.4 Ramvishwas Dahiya on 3/8/2022. The present appellant is similarly situated and allegedly used a 'lathi' while assaulting the injured/deceased. Thus, the present appellant also deserves similar treatment.

(3.) T h e prayer is opposed by learned Government Advocate for the respondent/State on the basis of objection. However, he did not dispute that present appellant is similarly situated qua co-accused Ramvishwas Dahiya who got the benefit of suspension of sentence and grant of bail on 3/8/2022.