KAHAN HANSDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present appeal has already been admitted vide order dated 24th July, 2006. This Court has received records and proceedings of Sessions Trial No. 341 of 2003. The present interlocutory application has been preferred from jail for suspension of sentence awarded to the appellants who are original accused Nos. 1 and 2 of the Sessions Trial No. 341 of 2003. The appellants have been punished by learned 1st Additional Sessions Judge, Dumka for life imprisonment for causing murder of the deceased under Section 302 of the Indian Penal Code to be read with Section 34 of the Indian Penal Code as well as they have been punished for seven years rigorous imprisonment for the offence punishable under Section 307 of the Indian Penal Code to be read with Section 34 of the Indian Penal Code and they have also been punished for seven years rigorous imprisonment with fine for the offence punishable under Section 460 of the Indian Penal Code.

(2.) LOOKING to the records and proceedings of Sessions Trial and having heard learned counsel for both the sides, there is prima facie case against these appellants. As the criminal appeal is pending, we are not much analyzing the evidences on record, but, suffice it to say that these appellants have been punished mainly for the offence of causing murder of:

(3.) LOOKING to the gravity of offence, quantum of punishment and the manner in which both the appellants are involved in the offences, as alleged by the prosecution, we are not inclined to suspend the sentence awarded to them by the trial court. There is no substance in this interlocutory application and, hence, the same is, hereby, dismissed.