PRABIR PRADHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I.A. No. 175 of 2011, I.A. No. 1079 of 2014

(2.) THESE interlocutory applications have been preferred by original accused No. 1 and 4 (appellants in Cr. Appl (D.B.) No. 904 of 2008) and Original accused No. 2 (sole appellant in Cr. Appl (D.B.) No. 1009 of 2008 for suspension of sentence under section 389 of the Code of Criminal Procedure. These appellants and two others have been convicted vide order dated 19th June, 2008 by 1st Additional Sessions Judge, Jamshedpur in S.T. No. 363 of 2006 and they were sentenced to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 10,000/ - for the offence punishable under Section 302/34 of the Indian Penal Code for committing murder of one Shri Nand Kishore @ Nandu @ Purnendu.

(3.) THEREFORE , taking into consideration the gravity of offence, quantum of punishment and the manner in which the appellants are involved in the offence, as alleged by the prosecution, we are not inclined to suspend the sentence awarded by the trial court to the present appellant -accused.