MUKESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an application under Section 389 Cr.P.C. seeking suspension of sentence in a case in which the applicant-appellant has been convicted for commission of offence under Section 304-B IPC.

(2.) Learned counsel for the applicant-appellant contends that out of substantive sentence of 07 years awarded to the applicant-appellant, he has already undergone about 2-1/2 years. According to learned counsel, applicant- appellant was a juvenile at the time of occurrence. He submits that appeal is likely to take quite some time to come up for regular hearing, thus, sentence awarded to the applicant-appellant deserves to be suspended.

(3.) Learned State counsel has opposed the prayer for suspension of sentence on the ground that applicant-appellant has been convicted on the basis of cogent evidence. He submits that in the inquiry conducted by Chief Judicial Magistrate, Kurukshetra it has been found that applicant-appellant was actually a juvenile.