SHYAMRAJ SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant interlocutory application has been filed on behalf of appellant, under Sec. 430 of B.N.S.S., 2023 for suspension of sentence in connection with the Judgment of conviction dtd. 13/8/2024 and order of sentence dtd. 16/8/2024 passed by the learned Sessions Judge, Garhwa in S.T. Case No. 358 of 2022, in connection with Garhwa P.S. Case No. 329 of 2022, whereby and whereunder, the appellant has been convicted and sentenced to undergo R.I. for life for the offence under Sec. 302/34 of IPC along with fine of Rs.20,000.00 and in default of payment of fine, he has further been directed to undergo R.I. for six months; the appellant has also been sentenced to undergo R.I. for life for the offence under Sec. 120(B) of IPC along with fine of Rs.20,000.00 and in default of payment of fine, he has further been directed to undergo R.I. for six months. Both the sentences have been directed to run concurrently.

(2.) Mr. Indrajit Sinha, learned counsel for the appellant, at the outset, has submitted that the prayer for suspension of sentence of the appellant has already been dealt with by this Court vide order dtd. 4/4/2025 passed in I.A. No. 3045 of 2025 which had been dismissed.

(3.) Thereafter, the present interlocutory application has been filed on behalf of appellant renewing the prayer for suspension of sentence on the ground that the judgment of conviction is without considering the facts and circumstances of the case.