NARAYAN DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present interlocutory application has been preferred under Sec. 389 of the Code of Criminal Procedure for suspension of sentence awarded to this appellant by the Principal District & Sessions Judge, Godda in Sessions Case No. 1 of 2010 whereby, this appellant has been convicted mainly for the offence under Sec. 302 of the Indian Penal Code to be read with Sec. 34 thereof and punished for life imprisonment for causing murder of Mahesh Kant Jha.

(2.) Having heard counsels for both the sides and 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 analysing the evidences on record, but, suffice it to say at this stage looking to the depositions given by P.W.1, P.W.2, P.W.5 and P.W.6 there is prima facie case against this appellant. P.W.1 and P.W.2 are the eye witnesses. They have clearly narrated the role played by this appellant in causing head injury upon the deceased which is the cause of death as per the medical evidence. Looking to the medical evidence given by P.W.6Dr. Pradeep Kr. Sinha, injury no.2 was sufficient in ordinary course of nature to cause the death of the deceased. This injury is prima facie, tallying with the nature of weapon used by this appellant-accused in causing head injury upon the deceased as narrated by P.W.1 and P.W.

(3.) Much has been argued out by the counsel for the appellant about contradictions in depositions of P.W.1 and PW.2 because one is not showing the presence of another. This contention is of no help to this appellant mainly for the reasons that: