MAHESHBHAI RATILAL BHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 28.04.2016, passed by the learned 3rd Additional Sessions Judge, Vadodara in Chhotaudaipur in Sessions Case No. 18 of 2015, whereby, the appellant herein original accused came to be convicted for the offence punishable under Sections 304 Part II of the Indian Penal Code, 1860 (for brevity, 'the IPC'), and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 25,000 and in default of payment of fine, to undergo further simple imprisonment for one and half years. He was given set off for the period undergone in jail.

(2.) While preferring the present Criminal Appeal, the appellant herein has also preferred Criminal Misc. Application No. 16536 of 2016 under Section 389 of the Code of Criminal Procedure, 1973 ( for brevity 'the Code') for suspension of the sentence imposed by the trial Court.

(3.) On 14.07.2016, this Court has passed the following order in the said Criminal Misc. Application which reads as under: