other co-accused Mukesh @ Makku, Shakti and Sawan @ Anil assaulted the injured causing various injuries to PW-2 injured Gaurav Mehra. The learned trial court acquitted the accused Mukesh @ Makku under Sections 323, 341, 325 and 308/34 I.P.C. as PW-2 Gaurav Singh has not stated his name and despite the cross-examination by the learned Public Prosecutor, the witness has denied the presence of Mukesh @ Makku. The learned trial court at para No.20 of its judgment has convicted the accusedappellants under Sections 308, 325, 341 and 323/34 I.P.C. The learned trial court has not assigned any cogent reason regarding convicting the accused-appellant under Section 308 I.P.C. Though, at this juncture, it is not desirable to comment upon the merit of the case, whether the offence under Section 308 I.P.C. is made out or not but after considering the nature of injuries sustained to PW2 Gaurav Mehra and more particularly to the fact that no injuries were found to be on the vital part & no injuries were on the vital part and dangerous to life, I deem it proper to allow the application of accused-appellant for suspending the sentence awarded to accused-appellant during pendency of the instant appeal.
