YASHPAL SINGH SUNDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present interlocutory application has been preferred under Section 389 of the Code of Criminal Procedure for suspension of sentence, awarded by the Additional Sessions Judge, Fast Track Court II, Chaibasa in Sessions Trial No. 119 of 2003 whereby, the present applicant, who is original accused, has been convicted mainly for the offence punishable under Sections 302 of the Indian Penal Code.

(2.) HAVING heard counsel for both the sides and looking to the evidences on record, it appears that there is prima facie case against the present applicant. The incidence has taken place on 7th March, 2003 and immediately F.I.R. has been filed on 8th March, 2003 and the present applicant is named in the F.I.R.. Moreover, the case of the prosecution is based upon eye witness, who is P.W.7. The version of the eye witness have enough corroborations by the other prosecution witnesses especially by P.W.1, who is a doctor. The weapon alleged in the hand of the applicant is a sharp cutting instrument and looking to the medical evidence, there are as many as four injuries caused upon the body of the deceased.