(1.) The applicant who is convicted for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 ( 'the Penal Code '), and sentenced to suffer imprisonment for life and fne of Rs. 1000.00 and in default to suffer simple imprisonment for one month, in Sessions Case No. 277/2017 by the impugned judgment and order dated 31/03/2021 passed by the learned Sessions Judge, Thane, has preferred this application for suspension of sentence and to enlarge him on bail till the disposal of the appeal, under Sec. 389 of the Code of Criminal Procedure, 1973 ( 'the Code ').
(2.) The gravamen of indictment against the applicant runs as under:-
(3.) On 13/01/2017 while the informant was waiting for the deceased near the premises of the company where the deceased used to work, he heard shouts of quarrel. The frst informant rushed to the spot from where shouts emanated. The deceased was found lying on the ground. Upon inquiry, the deceased informed him that the accused assaulted him by means of knife. The frst informant raised alarm. The frst informant saw the accused feeing away from the said spot. Passersby gathered. The persons chased the accused. The accused was apprehended. The deceased was declared dead before he could be admitted in the hospital.