(1.) The instant interlocutory application has been filed on behalf of appellant under Sec. 430(1) of Bhartiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence passed in connection with the judgment of conviction dtd. 12/9/2024 and sentence dtd. 13/9/2024 passed in Sessions Trial No.147 of 2023 arising out of Puso P.S. Case No. 40 of 2022 corresponding to G.R. No. 174 of 2022 by learned Additional Sessions Judge-I-cum-Special Judge, Gumla, whereby and whereunder, the appellant has been convicted for the offence under Sec. 302 of the I.P.C. and sentenced to undergo imprisonment for life along with fine of Rs.10,000.00 and in default of payment of fine, the appellant has further been directed to undergo simple imprisonment for six months.
(2.) The factual background of the institution of FIR needs to be referred herein which is as under:
(3.) On the basis of the written report Puso P.S. Case No. 40/2022 dtd. 22/12/2022 under Sec. 302 of the IPC and under Sec. 27 of the Arms Act was registered against the accused. Finally, I.O. has submitted charge-sheet no. 07/2023 dtd. 16/3/2023 under Sec. 302 of the IPC and under Sec. 27 of the Arms Act against the above-named accused.