LAWS(JHAR)-2016-9-109

PRAVIN TIWARY @ PARVEEN TIWARY @ PARVEEN KUMAR TIWARY, S/O GANESH TIWARY, R/O BARIYA, P.O. & P.S. SADAR DALTONGANJ, DISTRICT PALAMAU Vs. THE STATE OF JHARKHAND

Decided On September 17, 2016
Pravin Tiwary @ Parveen Tiwary @ Parveen Kumar Tiwary, S/O Ganesh Tiwary, R/O Bariya, P.O. And P.S. Sadar Daltonganj, District Palamau Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) I.A. No. 2420/2016 In all three persons who were booked in this case including the applicant-appellant, the other two were Mukesh Singh, S/o Late Ram Bilash Singh and Mithilesh Kumar Singh @ Mithilesh Singh. Till the challan was filed against the applicant-appellant and co-convict Mukesh Singh, Police had not completed the investigation vis-a-vis Mithilesh Kumar Singh @ Mithilesh Singh, the third accused, therefore, the applicant-appellant and his co-accused Mukesh Singh faced the trial who have now suffered conviction for the charge under section 302/34 of Indian Penal Code and Sec. 27(1) of the Arms Act vide judgment dated 29.09.2014 passed by the Additional Sessions Judge, VII, Palamau at Daltonganj. The other co-convict Mukesh Singh has filed his separate appeal being Cr. Appeal (DB) No. 756/2014.

(2.) It needs to be mention here that the prayer for suspension of sentence during pendency of the appeal qua the present appellant, has been declined vide order dated 21.01.2015. It is thus the second attempt made by the applicant-appellant.

(3.) Heard counsel for the parties.