PRADEEP NANDRAJOG, J.

Crl.M.B.No.865/2016

The above captioned application seeking suspension of sentence is listed for July 27, 2016. Since the appeal has reached for final hearing the application is dismissed as infructuous.

Crl.A.No.99/2015

1. Mujahir has been convicted for the offence punishable under Section 392/34 IPC as also under Section 394/34 IPC. But on the reasoning that since he has been convicted for the offence punishable under Section 394/34 IPC and the allegations overlapped the offence punishable under Section 307 IPC, the appellant is not being convicted for the offence punishable under Section 307 IPC; a reasoning which ex-facie is incorrect, because punishment for offence punishable under Section 394 IPC is for voluntarily causing hurt while committing robbery and it does not overlap the offence of attempting to murder a human being.

2. Be that as it may, the State has not challenged the impugned decision dated October 10, 2014 and therefore I proceed to decide appellant’s fate regarding his conviction for the offence punishable under Section 392/394/34 IPC for which he has been sentenced to undergo imprisonment for 7 years and pay fine in sum of Rs. 5,0