RUPLAL MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS interlocutory application has been preferred under Section 389 of the Code of Criminal Procedure for suspension of sentence awarded to the applicant Ruplal Murmu, who is original accused No. 2 in the Sessions Trial No.187 of 2002. The conviction awarded by the 4th Addl. Sessions Judge, Dumka vide order dated 18th September, 2004 is mainly for the offence under Section 302 of the Indian Penal Code in Sessions Trial No. 187 of 2002.

(2.) HAVING heard learned counsel for both the sides and looking to the evidences on record, there is prima facie evidences against the applicant. As the Criminal Appeal is pending, we are not much analyzing the evidences on record but suffice it to us that there are more than one eyewitnesses of the incident and looking to the depositions of these witnesses, there is prima facie case against the present applicant in the offence of murder of the deceased. Moreover, these evidences also get corroboration by the medical evidence given by PW.2 Dr. Debashish Rakshit and looking to deposition given by PW.10 Dr. Nirmal Kumar Singh. Moreover, previously also prayer for suspension of sentence awarded to the applicant was rejected by different Division Benches vide orders dated 11.05.2005, and 16.11.2009. This is the 3rd attempt for suspension of sentence awarded to the applicant. There is no change in the circumstances after the last dismissal of the interlocutory application being I.A. (Cr) No.2175 of 2009 filed on behalf of the applicant for suspension of the sentence awarded to him which was rejected vide order dated 16.11.2009. Paragraphs 3, 4 and 5 of the order dated 16.11.2009 read as under: