JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an application under Section 389 Cr. P.C praying for suspension of sentence of the applicant -Joginder Singh who has been convicted and sentenced to undergo RI for life in case FIR no. 27 dated 16.5.2011 registered under Section 307, 302 IPC at Police Station Joga.

(2.) Learned counsel for the applicant with reference to the facts contends that the incident took place on 15.5.2011 when the applicant allegedly fired at the deceased, who is his son in law. On 7.6.2011 the deceased then injured was discharged from the hospital and he died on 14.8.2012 on account of septicemia and multiple organ failure. It is contended that apart from the aforesaid fact which would render the conviction under Section 302 IPC doubtful, the fact that applicant is an old man of 74 years of age and has already undergone imprisonment for a period of 4 years 6 months and 24 days out of the total substantive sentence awarded to him, he would deserve the concession of suspension of sentence.

(3.) Prayer is opposed by the learned State counsel who has contended that it is a clear case of murder. He, however, does not dispute the custody period of the applicant and has placed on record his custody certificate.