UPENDRA PASWAN 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 to the present applicant (original appellant). The present applicant is convicted and sentenced by learned Judicial Commissioner, Ranchi cum Special Judge, POTA in Special Case No. 01 of 2002 (P) for the offence punishable under Sections 148, 307/149, 302/149, 333/149 of the Indian Penal Code and the present applicant is also found guilty for the offence punishable under Sections 3(2), 3(5), 4(a)(b) of the POTA and Section 17 of the C.L.A. Act and he is mainly punished for the offence punishable under Section 302 of the Indian Penal Code to be read with Section 149 of the Indian Penal Code for life imprisonment and he is also punished for life imprisonment for the offence punishable under Section 3(2) of the POTA and all the sentences have been ordered to run concurrently. There are allegations against this applicant of causing three murders, in this case.

(2.) WE have perused the records and proceedings of Special Case No. 01 of 2002 (P) and heard the learned counsel, at length.

(3.) THE incident has taken place on 31st December, 2001 at about 18:50 hours. Immediate is the First Information Report dated 1st January, 2002, wherein, this applicant was named. The applicant was, initially, not available for interrogation nor he was available for investigation. The applicant was arrested in some another case, which is registered as Hussainabad Police Station Case No. 85 of 2001 and, thereafter, he was remanded for this case.