(1.) This is an application under Section 389 Cr. P.C praying for suspension of sentence of the applicant no.3 - Gurcharan Singh who has been convicted and sentenced to undergo RI for life in case FIR no. 71 dated 14.7.2011 registered under Sections 302, 34, 120 -B IPC at Police Station Sadar Faridkot.
(2.) Learned counsel for the applicant with reference to the prosecution story states that the deceased Balwinder Singh who was his father was having an evil eye on his wife and when he attempted to molest her, her brother Mohinder Singh attacked him upon exhortation by the applicant. Eventually, on account of the injuries caused by the other co - accused deceased Balwinder Singh died. It is thus contended that only role attributed to the applicant is of raising Lalkara and no direct role in causing injuries to the deceased has been made even if the entire evidence is considered.
(3.) That apart it is contended that the applicant has already undergone imprisonment for a period of 4 years 3 months and 10 days out of the total substantive sentence of life awarded to him which fact is not disputed by the learned State counsel who has placed on record the custody certificate of the applicant but he opposes the prayer for bail on the ground that it is the applicant who exhorted the other co -accused to kill Balwinder in Singh and even obstructed his path when he attempted an escape.