GAURI YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Present application [I.A.(Cr.) No. 1096 of 2010] has been preferred under Section 389(1) of the Code of Criminal Procedure for suspension of sentence awarded by the trial court by the judgment of conviction and order of sentence dated 5.12.2008 in Sessions Trial No. 200 of 2007 whereby the present applicant-accused No. 1 is convicted for an offence punishable under Section 302 of the Indian Penal Code for life imprisonment and also for the offence under Sections 147 and 148 of the Indian Penal Code for one year rigorous imprisonment.

(2.) We have heard learned Counsel for both the sides and looking to the evidence on record, there is a prima facie case against the Appellant-accused.

(3.) As the criminal appeal is pending for its final hearing, we are not much analyzing the evidence on record. Suffice it to say, that looking to the depositions of the P. Ws. 1, 2, 3, 5 and 6, who are the eye witnesses, there is sufficient evidences against the present applicant-accused. These witnesses have narrated in details the role played by the present applicant-accused in committing murder of the deceased. There is also enough corroboration by the deposition given by the P.W. 8 who is Dr. Zaffar Hassan. Previously also the prayer for suspension of sentence was dismissed by this Court by detailed speaking order dated 4th September, 2009 which is as follows: