SHYAM SONI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present interlocutory application has been preferred by the appellant, namely, Shyam Soni alias Shambhu Soni, who is original accused No. 2 in the Sessions Trial, under Section 389 of the Code of Criminal Procedure for suspension of sentence, during pendency of this appeal, passed by learned District Judge -I -cum -Special Judge, Dhanbad, dated 31st May, 2012 in connection with Sessions Trial No. 606 of 2009, whereby and whereunder, he has been convicted mainly for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. Having heard learned counsel for both the sides and looking to the evidence on record, there is a prima facie case against this appellant. Previously also the prayer for suspension of sentence, made on behalf of this appellant, has been rejected by this Court by a speaking order, dated 10th September, 2012, paragraph No. 3 thereof reads as under:

(2.) IN view of the aforesaid facts and keeping in mind that there is no change in the circumstances thereafter, we are not inclined to suspend the sentence, awarded to this appellant (original accused No. 2), by the learned trial court in connection with Sessions Trial No. 606 of 2009. There being no substance, this interlocutory application being I.A. No. 1765 of 2012 is hereby dismissed.