AYUB MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present interlocutory application has been preferred under Section 389(1) and (2) of the Code of Criminal Procedure for suspension of sentence, awarded by 1st Additional Sessions Judge, Jamtara dated 29th November, 2006 in Sessions Trial No. 56 of 2002/33 of 2003, whereby, the present appellant, who is original accused No. 2, has been punished for an offence punishable under Section 302 to be read with Section 34 of the Indian Penal Code for life imprisonment.

(2.) WE have heard learned Counsel for the sides at length.

(3.) LOOKING to the evidences on record, there is prima facie case against the present appellant - accused. As the criminal appeal is pending, we are not much analyzing the evidences on record, but, suffice it to say that: