SAWANA LAKRA AND ANOTHER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) After several rejections of the prayer for suspension of sentence on different dates, by different Division Benches of this Court in different interlocutory applications, once again one more interlocutory application has been preferred by appellant No. 1 for suspension of sentence under Section 389 of the Code of Criminal Procedure.

(2.) Having heard learned counsels for both the sides and looking to the evidences n record, there is a prima facie case against this applicant-accused (appellant No. 1). In detail, the orders have been passed by this Court while rejecting the prayer for suspension of sentence on earlier occasions. For the ready reference, table showing details of rejections of the prayer for suspension of sentence is as under : <FRM>JUDGEMENT_158_LAWS(JHAR)8_2017_1.html</FRM>

(3.) We have perused the evidence on record and looking to the evidences of prosecution witnesses, including P.W. 10, P.W. 11- informant-father of the deceased, P.W. 25, P.W. 29, P.W.30, P.W. 31, P. W. 32, P.W.33, P.W.34 to be read with several documentary evidences including Exhibits-8, 11, 11/1, 11/2, 11/3 and Exhibit- 2/6 seizure list and also looking to the other evidence on record like evidence given by P.W. 16 - Dr. Rajeshwar Prasad, there is a prima facie case against this applicant. Hence, we are not inclined to suspend the sentence awarded to him by the Judicial Commissioner, Ranchi in Sessions Trial Case No. 609 of 2011,whereby, this applicant has been mainly convicted and sentenced for the offence punishable under Section 302 of the Indian Penal Code to be read with Section 34 thereof for life imprisonment. This applicant has also been convicted under Section 364 of the Indian Penal Code to be read with Section 34 thereof as well as under Section 120-B thereof.