DHANESHWAR MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present Interlocutory Application has been preferred under Section 389(2) of Cr.P.C. praying for suspension of sentence awarded by the Additional Sessions Judge, Fast Track Court-VIII, Giridih on 22nd August, 2006 in Sessions Trial Case No 243 of 2004, whereby, the applicant (original appellant) has been convicted and sentenced to undergo rigorous imprisonment for life under Section 364A I.P.C. of the Indian Penal Code and further to pay a fine of Rs. 2,000/- for the same, l/d he is further sentenced to undergo S.I. for two months for the same offence. He is not sentenced separately for the offence u/s 120B I.P.C. Having heard counsel for both sides and looking to the evidences on record, it appears that there is sufficient evidence against the present applicant.

(2.) Counsel for the applicant has argued out at length on several aspects of the matter.

(3.) As the criminal appeal, i.e. Cr. Appeal No. 1492 of 2006 (D.B.) is pending, we are not much analyzing the evidences on record, but suffice it to say that looking to the deposition of P.Ws. 1, 2, 3, 4 and 5 enough evidence is there on record against the applicant. This is the second time the applicant is making prayer for suspension of sentence as previously also application for suspension of sentence through I.A. No. 1779 of 2009 filed by the present applicant was rejected and this Court, while dismissing the said prayer vide order dated 14th September, 2009, in paragraph nos. 4, 5, 6 as well as 8, has observed as under:--