GOLU @ SUMESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No.15992/2021 an application under Sec. 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant namely, Golu @ Sumesh is taken up.

(2.) The appellant has been convicted for offence punishable under Ss. 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs.1000.00 with default stipulation

(3.) Learned counsel for the appellant by taking this Court to the prosecution story submits that on 04/05/2019 around 10 pm, the appellant along with co- accused Ramzan took deceased Irfan Khan with them in a motorcycle. Irfan Khan was found dead on the next morning but its a case of circumstantial evidence. The only evidence available against the appellant is last seen and recovery of a motorcycle. The blood stained, clothes and other material was recovered against the main accused Ramzan. By taking this Court to the memorandum Statement of main accused Ramzan, it is submitted that appellant was merely accompanying him and he had no enmity, premeditation, etc against deceased Irfan Khan. The last seen evidence is a weak piece of evidence and in absence of clear and clinching corroborating evidence, it was not safe to hold the appellant as guilty.