SARYU YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS criminal appeal has already been admitted vide order dated 16th January, 2013. Records and proceedings of Sessions Trial No. 233 of 2005 was called for from the trial court so as to appreciate the arguments for suspension of sentence under Section 389 of the Code of Criminal Procedure.

(2.) RECORDS and proceedings of Sessions Trial No. 233 of 2005 has been received by this Court and we have perused the same and heard learned counsel for both the sides, at length.

(3.) LOOKING to the evidences on record, it appears that the case of the prosecution is based upon more than one eye witness, who are P.W.1, P.W.4 and P.W.5. Looking to their depositions, it appears that they have clearly narrated the role played by this appellant (original accused no. 5 in Sessions Trial No. 233 of 2005), who has caused injury upon the deceased. Looking to the medical evidence given my P.W.6, there is enough corroboration to the depositions of the eye witnesses.