RAMAUTAR SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) - This criminal appeal assails the judgment dated 3/6/17 passed in S.T.No.236/98 passed by 1st Additional Sessions Judge Bhind whereby the appellant-Ramautar Sharma has been convicted as under with default stipulation: <FRM>JUDGEMENT_353_LAWS(MPH)5_2018_1.html</FRM>

(2.) I.A.No. 944/18, 1st application under section 389(1) Cr.P.C., 1973 for suspension of sentence moved on behalf of appellant-Ramautar Sharma is taken up and considered alongwith reply filed to the same by the State.

(3.) Learned counsel for the appellant primarily submits that the appellant was alleged to be carrying a rifle whereas the injuries including fatal injury was caused by pellets which were shot by firearm held by other co-accused. Mere presence of the appellant has been proved with no overt act established. Both firearm injuries sustained by the deceased are in the pelvic area which were attributed to other co-convicted persons. The appellant has suffered 12 months of incarceration.