(1.) THIS interlocutory application has been preferred under Section 389 of the Code of Criminal Procedure for suspension of sentence awarded to the appellant by the Sessions Judge, Dhanbad in Sessions Trial No. 204 of 2010, whereby, the appellant has been convicted for the offences punishable under Section 302 of the Indian Penal Code for causing murder of Nishant Kumar @ Kundan Singh and this appellant has been awarded punishment for life imprisonment and fine of Rs. 10,000/ - and in case of default of payment of fine, he has further been ordered to undergo rigorous imprisonment for six months.
(2.) THIS Court has received the records and proceedings of Sessions Trial No. 204 of 2010 and we have perused the same and heard the learned counsel for the appellant as well as learned A.P.P. and learned counsel for the informant, at length.
(3.) LOOKING to the evidences on record, there is prima facie case against this appellant -accused. As the criminal appeal is pending, we are not much analyzing the evidences on record, but, suffice it to say that : -