(1.) THE present interlocutory application has been preferred by the original appellant no. 1 who is original accused no.1 in Sessions Trial No. 609 of 2011 with the following prayers;
(2.) THE appellant no. 1 has been convicted by the Judicial Commissioner, Ranchi in Sessions Trial No. 609 of 2011 for rigorous imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code to be read with Section 34 of the Indian Penal Code and and also to pay a fine of Rs. 5,000/ -and in case of default to undergo further rigorous imprisonment for 3 months. This appellant has also been convicted for rigorous imprisonment for 10 years for the offence punishable under Section 364 of the Indian Penal Code to be read with Section 34 of the Indian Penal Code thereof and also to pay fine of Rs. 3,000/ -and in case of default, to undergo further rigorous imprisonment for 2 months. This appellant has also been awarded 3 years rigorous imprisonment for the offence punishable under 201 of the Indian Penal Code.
(3.) COUNSEL for the appellant (original appellant no.1) has submitted that upon instruction from his client he is not pressing the prayer for suspension of sentence under Section 389 of the Code of Criminal Procedure and he will file separate interlocutory application for the said prayer but he is pressing this interlocutory application for the prayer as stated hereinabove.