JITENDER KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) BY this application under Section 389 Cr.P.C. read with Section 482 Cr.P.C., the appellant has prayed for suspension of sentence during pendency of the appeal. He was convicted by the trial court under Section 304 part I IPC and Section 307 read with Section 34 IPC and sentenced to undergo 10 years and 7 years RI under both the Sections respectively. It is submitted by the appellant that he was in custody during trial for about 08 months and now since 18.9.2006 and prayed that his sentence be suspended.

(2.) I have perused the judgment and order of sentence. The conviction of the appellant was based on the cogent evidence recorded during trial. Out of the total sentence of ten years RI, awarded to the appellant, he has undergone only 01 year and 8 months of imprisonment, the remaining sentence is about 08 years. The appellant was the person, who had used gupti/katar during the crime. I find no ground to suspend the sentence. The application is hereby dismissed.