RAHISH KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal appeal assails the judgment dated 05.08.2004 in S.T. No. 268/2003 passed by First Additional Sessions Judge, Gwalior whereby the appellant has been convicted u/S 302/149 of IPC and sentenced to suffer life imprisonment with a fine of Rs.1000/-, u/s 148 IPC sentenced to suffer three years of rigorous imprisonment & u/s 201 IPC sentenced to suffer three years of rigorous imprisonment with fine of Rs. 1000/- with default stipulation.

(2.) IA No. 2702/2015, 11th repeat application for suspension of jail sentence is taken up and considered along with reply filed by the State.

(3.) Reply discloses that there was an offence punishable under Section 302 , 34 IPC as Crime No. 252 /2003 registered against the appellant. In regard to said criminal antecedent the appellant has brought on record judgment of acquittal dated 08.02.2005 rendered in S.T. No. 315/2003 passed by Second Additional Sessions Judge, Gwalior whereby the sole appellant has been acquitted from the said offence of murder. The record indicates that he has not misused the liberty granted to him of interim suspension of sentence and had surrendered within the prescribed time.