KOYABHAI MANIYABHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP Mr. Dharmesh Devnani waives service of notice of Rule for the respondent - State.

(2.) By way of present application under Section 389 of the Code of Criminal Procedure, 1973, the applicant - convict during the pendency of criminal appeal, has prayed to suspend the sentence imposed by the learned Additional Sessions Judge, at Lunawada, District Mahisagar vide order dated 03.09.2019 in Sessions Case No.64/2017, by which the present applicant - convict alongwith another accused viz. Raisingbhai Valabhai Baria have been convicted for the offence punishable under Section 302 read with Section 114 of the Indian Penal Code, 1860 (hereinafter referred to as " IPC ") and have been sentenced to undergo simple imprisonment for life with fine of Rs.2000/- and in default of payment of fine, to undergo further simple imprisonment for six months and also sentenced for offence under Section 135 of the Gujarat Police Act and to undergo simple imprisonment for one year with fine of Rs.5000/- and in default of payment of fine, to undergo further simple imprisonment for one month.

(3.) The short facts arising from the record are as follows: