Law: Criminal Procedure Code (V of 1898)

Section: 426

Law: Penal Code (XLV of 1860)

Section: 324/353

Criminal Procedure Code (V of 1898)--- ----S. 426---Penal Code (XLV of 1860), Ss.324/353---Attempt to commit qatl-e-amd and assault---Suspension of sentence---Entire case was based on Police encounter---Five assailants were alleged to be armed with kalashnikovs who fired on the Police party, but none of the Police person had received even scratch injury---Applicability of S.324, P.P.C. would be considered at the time of disposal of the case---Sentence awarded to accused was suspended and he was released on bail. ORDER BHAJANDAS TEJWANI, JUSTICE:---.--- This is application for suspension-of sentence of seven years for offence under section 324, P.P.C. and one year for offence under section 353, P.P.C. awarded by the learned Assistant Sessions Judge Ubauro by judgment dated 31-7-2010. The learned counsel contended that this case is based on evidence of the police, alleging therein that there was encounter of the present appellant and others with police but none of the police party sustained any injury. Therefore, the trial Court should have determined that whether there was intention to commit the murder of anyone from the police party and applicability of section 324, P.P.C. in the circumstances. The learned counsel further submits that there was no convincing evidence before the trial Court to record the conviction against the present appellant. In last he submits that the…

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