D.N.PATEL, J. - (1.) PRESENT application I.A. (Cr.) No. 2589 of 2010, has been preferred under Section 389(1) of the Code of Criminal Procedure for getting suspension of sentence awarded by the 1st Additional Sessions Judge, Jamshedpur vide judgment and order of conviction dated 19.09.2008, whereby the present applicant was punished for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.
(2.) HAVING heard learned Counsel for both the sides and looking to the evidences on record, there is a, prima facie case, against the present Appellant -accused. Counsel for the applicant has argued out the case in much detail, but as the criminal appeal is pending, we are not much analyzing the evidence on record. Suffice it to say, that looking to the deposition of the P.W.3, who is an eye -witness, there is a, prima facie case against the present applicant who has used fire -arm which is being also corroborated by the depositions of other prosecution -witnesses like P.W.4 and P.W.6, who rushed immediately upon hearing the sound of firing. There is also corroboration to the deposition of P.W.3, by the deposition of P.W.9, who is a doctor, who conducted post -mortem examination.
(3.) MOREOVER , previously the applicant preferred Interlocutory application No. 1783 of 2009, was dismissed by detail speaking order, dated 11.09.2009. Paragraph No. 3 of the said judgment reads as follows:;