LAKHIYO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Application is preferred by the applicant under Sec. 389 of the Code of Criminal Procedure, 1973 praying for suspending the sentence imposed upon him vide judgment and order dtd. 31/7/2014 passed by the learned Additional Sessions Judge, Bharuch in Sessions Case No.48 of 2013 whereby the applicant has been convicted under Sec. 302 of the Indian Penal Code (IPC) and has been awarded imprisonment for life and also pay a fine of Rs.2,500.00 and in default of payment of fine, to undergo further rigorous imprisonment of two months. As per the jail remarks, the accused has completed more than 10 years and 6 months of sentence.

(2.) The applicant has preferred the Appeal being Criminal Appeal No.1121 of 2018 challenging the aforesaid judgment and order and the same has been admitted by this Court on 10/8/2018.

(3.) RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the Respondent - State.