Santosh Singh vs State of U.P.

Learned Counsel for the appellants submitted that though the accused-appellants have been convicted of offences under Sections 302/34 and 307/34 I.P.C. and have been sentenced to life imprisonment with fine, but out of 13 ante mortem injuries of the deceased, except injury No. 5 all others have been found to be simple in nature. The Autopsy Surgeon noticed that the deceased died due to haemorrhage and excessive bleeding as a result of ante-mortem injuries and particularly the injury No. 5 located on chest. Learned Counsel also submitted that the fatal injury No. 5 has been attributed to accused Bhim Singh, therefore, accused appellants may be considered for grant of concession of suspension of sentence.

Learned Counsel further submitted that the accused-appellants have remained in jail for over two and half years and this being a criminal appeal of 2007 is likely to take time for disposal.

On the other hand, learned State Counsel also does not have a serious ground to refute the contention of the Learned Counsel for the appellants.

In view of all the aforesaid, we accept the prayer for suspension of jail sentence and stay of recovery of fine qua accused-respondents Dharmendra Singh and Santosh Singh. Thus, the jail sentence and recovery of fine as imposed upon the accused-appellants, Dharmendra Singh s/o Ram Murat Singh and Santosh Singh s/o Bhim Singh, resident of village-Nischint Purwa, H/O Sonauli, P.O. Sonauli Mohammadpur, P.S. Umri Begumganj, District- Gonda, shall remain suspended during the pendency of appeal, and they shall be released on bail subject to their furnishing bail bonds to the satisfaction of learned Sessions Judge, Gonda.

This order shall also dispose of prayer for suspension of sentence in Criminal Appeal No. 2280 of 2007.