- (1.) I.A. Cr. No. 341 of 2011
(2.) HEARD learned Counsel for the Appellant and learned Add). Public Prosecutor on suspension of sentence, during pendency of the appeal. The Appellant was charged for the offence punishable under Section 302 of the Indian Penal Code and he has been convicted vide judgment dated 28th March, 2006 and has been sentenced to undergo life imprisonment with other sentences. The incident occurred on 24th May, 2002 and since then the Appellant is lying behind the bars. The Appellant has served about nine years of sentence.
(3.) LEARNED Counsel for the Appellant submitted that there is no evidence on the basis of which the Appellant could have been connected with the crime. It is submitted that all the witnesses produced by the prosecution were the witnesses of the incident which occurred eight days prior to the unfortunate day. It is also submitted that only it has been alleged that one stick was recovered from the place of occurrence. It is also submitted that the marriage of the Appellant and deceased took place about 25 years ago and it is a prosecution's own case that the Appellant used to beat his wife and that was a regular feature in their life.;