P.Dhandapani v. The State Rep.By

S.S.SUNDAR , J.

and SUNDER MOHAN, J.

(Order of the Court was made by S.S.SUNDAR, J.) The petitioner stands convicted for the offence under Section 302 of IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.1000/-, in default to undergo 6 months simple imprisonment in S.C.No.86 of 2017 vide the judgment dated 20.02.2020 passed by the learned IV Additional District & Sessions Judge, Coimbatore. Pending the above appeal filed against the conviction and sentence, the petitioner has taken out the present petition seeking to suspend the sentence and enlarge him on bail.

2. Heard both sides.

3. The case of the prosecution is that the petitioner had set ablaze his wife, the deceased pursuant to the quarrel on 29.07.2016. The evidence of P.W.1, a neighbour, is corroborated by the evidence of other witnesses examined to support the case of the prosecution. This Court is able to see Page No.1/3

that the conviction is based on the appreciation of evidence of several witnesses and also the declaration made by the deceased herself to neighbours. In the said circumstances, this Court, finding no prima facie case or fair chance for the petitioner to succeed in the appeal, is not inclined to suspend the sentence. Therefore, the criminal miscellaneous petition is dismissed.

(S.S.S.R.,J.) (S.M.,J.) 22.11.2023 ss Page No.2/3

S.S.SUNDAR, J.

AND SUNDER MOHAN, J.

ss Crl.M.P.No.20181 of 2022 in Crl.A.No.1339 of 2022 22.11.2023 Page No.3/3