D.N.PATEL, J. - (1.) PRESENT application [I.A. (Cr) No. 1838 of 2009] has been preferred under Section 389(1) of the Code of Criminal Procedure for suspension of sentence awarded by the Sessions Court to the present applicant, who is original appellant -accused No. 1, for the offence punishable under Section 302 of the Indian Penal Code for life Imprisonment in Sessions Trial No. 117 of 1997.
(2.) WE have heard learned counsel for both the sides at length. Counsel for the appellant -accused has argued out the case in much details and submits that this is a second attempt. Previously also prayer for suspension of sentence was not granted by this Court.
(3.) COUNSEL for the appellant has argued out the case on several aspects of the matter including the depositions of the prosecution witnesses and that there are enough omission and contradiction in the dying declaration and no examination of Dr. Shila Joshep, in whose presence dying declaration was recorded by P.W. 10, Anjali Lakra, who finds signature of Dr. Shila Joshep in the fardbeyan.;