ASHOK DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present interlocutory application has been preferred by the applicant under Section 389 of the Code of Criminal Procedure for suspension of sentence dated 23rd June, 2006, awarded by learned 1st Additional Sessions Judge, Chatra, in Sessions Trial No. 608 of 1993, arising out of Chatra P.S. Case No. 113(6) of 1992, during pendency of this appeal. The applicant, namely, Jaswant Dubey, who is original accused no.3, has been convicted mainly for the offence, punishable under Section 302/149 of the Indian Penal Code.

(2.) HAVING heard learned counsel for both the sides and looking to the evidence on record, it appears that there is prima facie case. However, as the appeal is pending, we are not much analyzing the evidence on record, but, suffice it to say that looking to the depositions of the eye witnesses, who are PW 1, PW 2, PW 3, PW 4 and PW 5, there are sufficient evidences against the present application. The weapon, alleged to have been used by the present applicant, as per the eye witnesses, is the "Farsa", which is a sharp cutting instrument and is a heavy weapon. The depositions given by these eye witnesses are being corroborated by the deposition, given by the doctor (PW 6). Looking to the injuries, sustained by the deceased, there is a corroboration to the depositions of the eye witnesses. These facts constitute a prima facie case against the present applicant. Moreover, previously the bail application bearing I.A. No. 410 of 2008 in the present Criminal Appeal, preferred by the very same applicant, has already been dismissed by a speaking order and there is no change in the circumstances thereafter.