SHABILAL CHETRY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Das, learned counsel for the petitioner as well as Mr. M. Phukan, learned Additional PP for the State.

(2.) I.A. (Crl) 363/2020 under section 389(2) is an application for suspension of sentence and for releasing the applicant on bail and I.A. (Crl) 164/2020 is an application under section 389 Cr.P.C. for suspension of sentence and for allowing the applicant to be released on bail. Both these applications are taken up together.

(3.) The learned counsel for the applicant has submitted that the FIR relating to stabbing of Ganesh Thapa by the applicant by means of khukri was lodged on 28.11.1989 and the deceased had died on 02.12.1989 and during the said period while the deceased was in hospital for his treatment, no attempt was made by the prosecution to obtain any dying declaration by the victim. It is further submitted that the case of the prosecution largely rested on the evidence of PW-1 and PW-4 as they had stated that the deceased made a statement to them, alleging that the applicant had stabbed him with a khukri and the statement was taken to be a dying declaration by the learned trial Court. It is further submitted that the trial of Session case No.56/1991 commenced in the year 1991 and the sentence of conviction was passed on 03.10.2019 and, as such the trial prolonged for a period of 30 years from the date of alleged offence. On the said ground, the learned counsel for the applicant prayed for suspension of sentence and to release the applicant on bail.