PADARI BALMUCHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has already been admitted by order dated 9 th May, 2013 and the records and proceedings of Sessions Trial No. 95 of 2008 was called for from the trial court so as to appreciate the arguments for suspension of sentence.

(2.) This appellant has been convicted by the Additional Sessions Judge (F.T.C. V), West Singhbhum at Chaibasa in Sessions Trial No. 95 of 2008 for rigorous imprisonment for a period of 10 years for the offence punishable under Section 304 PartI of the I.P.C. The appellant is in judicial custody since 8th February 2008. Thus, he has already undergone 5 years and 4 months of imprisonment.

(3.) This Court has received the records and proceedings of the Sessions Trial No. 95 of 2008. We have perused the same and heard the counsel for both the sides at length for suspension of sentence under Section 389 Cr.P.C.