AMIT @ BITTU Vs. STATE OF HARYANA

JUDGEMENT

(1.) 1. This is an application under Section 389 Cr.P.C. praying for suspension of sentence of the applicant-appellant, namely Amit alias Bittu, who has been convicted and sentenced to undergo life imprisonment in a case registered vide FIR No. 1141 dated 20.10.2013 under Sections 302/34/212 IPC at Police Station Sadar, Hisar.

(2.) According to the prosecution version, recorded in the FIR, the complainant had seen certain persons beating up the deceased. Three names were mentioned while two other persons were referred to as "unknown persons". The deceased was taken to the hospital where he succumbed to his injuries.

(3.) Learned counsel for the applicant-appellant contends that in the initial version, name of the applicant did not appear and subsequently an eye-witness mentioned his name, which would raise the debatable issues of the identity and involvement of the present applicant in the commission of offence. Apart from this, it is contended that there is no direct evidence to link the applicant with the commission of offence. It is also stated that the applicant has undergone two years, nine months & two days out of total substantive sentence of life imprisonment.