Dhirubhai Naranbhai Patel, J. - (1.) The present interlocutory application has been preferred under Sec. 389 of the Code of Criminal Procedure for suspension of sentence, awarded by the Additional Sessions Judge, Koderma, in Sessions Trial No. 71 of 2001 whereby, the present Appellant has been punished for the offence punishable under Ss. 302 of the Indian Penal Code for life imprisonment.
(2.) Having heard counsel for both the sides and looking to the evidences on record, it appears that there is prima facie case against the present Appellant . There are enough evidences against the present Appellant . As the criminal appeal is already pending, we are not much analyzing the evidences on records, but, suffice it to say that the case of the prosecution is based upon the depositions of the eye witnesses which have given enough corroboration of the deposition of the other prosecution witnesses. Moreover, previously on four different occasions, prayer for suspension of sentence of the present Appellant was not granted by this Court. This is 5 attempt.
(3.) In view of these facts and looking to the gravity of the offence, the quantum of punishment and the manner in which the present Appellant is involved in the offence, as alleged by the prosecution, we are not inclined to suspend the sentence, awarded to the present Appellant , by the trial court.;