D.N. Patel, J. - (1.) THIS Interlocutory Application has been filed by the present applicant under Section 389(2) of the Code of Criminal Procedure for suspension of sentence awarded by 1st Additional Sessions Judge, Garhwa vide judgment of conviction and order of sentence dated 11th of August, 2009 and 13th of August, 2009 respectively in S.T. No. 214 of 2007, whereby the present applicant along with other co -accused was convicted for the offence punishable under Section 302 of Indian Penal Code for life imprisonment as well as for the offence punishable under Section 364(A) of Indian Penal Code for ten years rigorous imprisonment and for the offence punishable under Section 201 of Indian Penal Code for two years rigorous imprisonment along with a fine of Rs. 5,000/ - and all the sentences have been directed to run concurrently.
(2.) HAVING heard learned Counsel for both sides and looking to the evidence on record, there is prima facie case against the present applicant.
(3.) LEARNED Counsel for the applicant has argued out the case, in much detail, and has pointed out fine nicety of the evidence and has made submission on merits. Suffice it to say that as the criminal appeal is pending, we are not much analyzing the evidence on record, in detail. Previously, prayer for suspension of sentence of the present applicant has been rejected by this Court by detailed speaking order dated 17th of November, 2009, paragraphs -5 and 6 whereof read as under: 5. As the criminal appeal is pending, we are not much analyzing the evidences on record. Suffice it to say looking to the evidences of P. Ws. 3,4,5,6 and P. Ws. 13,14,15,16, there is a prima facie against the Appellant accused. Victim, Gopal Yadav was initially kidnapped there after he was murdered. Ransom of Rs. 5,00,000/ - was demanded. Ultimately, it was settled for Rs. 1,80,000/ - which was also paid by the victim side persons, Looking to the evidences on record of several witnesses, it has been brought out that Rs. 1,40,000/ - has been recovered from accused No. 1, Lalit Singh. Present Appellant -accused was also in company of rest of the co -accused persons as per the aforesaid witnesses. This Appellant -accused, Ravindra Singh was present in the field along with other co -accused and with kidnapped boy. Thereafter, also he was seen in company of co -accused and abducted boy. This fact is revealed by P.W.14 and P.W.15 and by several other witnesses. 6. Looking to the gravity of the offence, quantum of punishment and the manner in which, the present Appellant -accused is involved in the offence, as alleged by the prosecution, we are not inclined to suspend the sentence awarded by the trial court, to the present Appellant -accused for the offence punishable under Section 302 of the Indian Penal Code for life imprisonment as well as for the offence punishable under Section 364(A) of the Indian Penal Code for ten years rigorous imprisonment and for the offence punishable under Section 201 of the Indian Penal Code for two years rigorous imprisonment. Today also on merits, whole argument has been canvassed.;