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As per case facts on during a dispute over cow grazing appellant Durgesh Yadav armed with a lathi along with co-accused assaulted Ram Prasad Yadav who died on the way
...to the hospital The informant P W an injured eye-witness stated that the appellant caught the deceased before the fatal assault Appellant No was convicted under Section IPC and other sections sentenced to life imprisonment and appealed for suspension of sentence citing false implication insufficient evidence and parity with co-accused granted bail The State opposed emphasizing the appellant's vital role The question arose whether the appellant's sentence should be suspended on grounds of parity and the nature of his involvement given Supreme Court guidelines for Section IPC cases Finally the High Court held that suspension of sentence in murder cases is exceptional It noted the appellant's role was distinct from co-accused as P W specifically implicated him in catching and assaulting the deceased Thus the principle of parity was inapplicable and the application for suspension of sentence was dismissed
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