(1.) PRAYER in this application is for suspension of sentence of applicant/appellant No. 3, Ganesh Rai, who was held guilty for having committed the offence punishable under Section 304 (Part -II) read with Section 34, IPC, and ordered to undergo rigorous imprisonment for five years besides payment of fine of Rs. 2000/ - and in default thereof to undergo further simple imprisonment for three months.
(2.) LEARNED counsel contends that there are fairly arguable points in the appeal and the same is not likely to be decided in near future; and that applicant/appellant No. 3 has suffered incarceration for one year and approximately eight months out of the substantive sentence of five years.
(3.) I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.