BILLU ALIAS SATISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS third application under Section 389 of the Code of Criminal Procedure for suspension of sentence has been filed in S. B. Criminal appeal No. 1063/2006 by accused appellant Billu @ Satish who along with co-accused jagdish Prasad has been convicted by Additional Sessions Judge (Fast Track), Behror, district Alwar in Sessions case No. 33/2006 (24/2006) for the offence under Sections 307,307 read with 34,325, 325 read with 34, 324 read with 34, 323 and 341 IPC and maximum sentence of five years rigorous imprisonment and fine has been awarded.

(2.) HEARD learned counsel for accused appellant as well as complainant and learned Public Prosecutor on the application for suspension of sentence and perused the entire record of the Court below including the impugned judgment.

(3.) IT was inter alia contended that sentence of co-accused jagdish Prasad has already been suspended and he has been ordered to be released on bail. Accused appellant is in custody for a period of about one year. Even according to the statement of the doctor, the complainant was in the drunken state and he suffered injuries on his testis by blunt object while the allegations have been levelled to inflict the injuries by sharp edged weapon. It was then contended that this matter pertains to the year 2006 and there is no possibility of listing this case early for final hearing.