D.N.PATEL,J. - (1.) THIS criminal appeal has already been admitted vide order dated 16th January, 2013. Records and proceedings of Sessions Trial No. 233 of 2005 was called for from the trial court so as to appreciate the arguments for suspension of sentence under Section 389 of the Code of Criminal Procedure.
(2.) RECORDS and proceedings of Sessions Trial No. 233 of 2005 has been received by this Court and we have perused the same and heard learned counsel for both the sides, at length. The present appellant, who is original accused no. 5 in Sessions Trial No. 233 of 2005, has been convicted by learned 3 rd Additional Sessions Judge, Hazaribag vide judgment of conviction and order of sentence dated 24th September, 2012 and 27th September, 2012 respectively for life imprisonment for the offence punishable under Section 302 of the Indian Penal Code to be read with Section 34 of the Indian Penal Code for causing murder of Bandhu Yadav.
(3.) LOOKING to the evidences on record, it appears that the case of the prosecution is based upon more than one eye witness, who are P.W.1, P.W.4 and P.W.5. Looking to their depositions, it appears that they have clearly narrated the role played by this appellant (original accused no. 5 in Sessions Trial No. 233 of 2005), who has caused injury upon the deceased. Looking to the medical evidence given my P.W.6, there is enough corroboration to the depositions of the eye witnesses.;