RAM PRAKASH @ PRAKASH Vs. STATE

JUDGEMENT

(1.) Heard on suspension of sentence.

(2.) It is submitted by learned counsel for the petitioner that in the original FIR, in all six persons were charged for offence punishable under Sections 143 , 447 , 323 and 307 IPC, but police after investigation dropped the proceedings against four accused persons and submitted charge-sheet against Ramchandra and Ram Prakash for offence under Sections 447 , 326 , 325 , 324 , and 323. Learned counsel further submits that in the FIR there is allegation of giving blow by farsi, axe and lathi but the accused allegedly used axe for giving blow to the injured was dropped and only Ramchandra, who allegedly carrying Farsi, and Ramprakash have been charge-sheeted. Learned counsel further submits that during investigation Farsi was not recovered in the matter. It is also argued by learned counsel that both the courts below have seriously erred in appreciation of evidence while indicting the petitioner for offence under Sections 447 , 326 / 34 , 325 / 34 , 324 / 34 and 323 IPC. With these submissions, learned counsel has urged that considering short sentence and the fact that final decision of the revisision petition is likely to take considerable time, sentence handed down by learned trial Court and affirmed by learned appellate Court may be suspended.

(3.) Learned Public Prosecutor has opposed the application for suspension of sentence.