MD.SADAULLAH @ SADAB @ NANKA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) :.Oral Order per Present application [I.A. (Cr.) No. 1783 of 2009] has been preferred by the sole appellant in Cr. A (D.B.) No. 22 of 2009 under Section 389(1) of the Code of Criminal Procedure for suspension of sentence of the appellant -accused, awarded by the trial court for the offences punishable under Section 302 of the Indian Penal Code to be read with Section 34 thereof, for life imprisonment and a fine of Rs. 10,000/ - and in case of default, further rigorous imprisonment for one year has been awarded.

(2.) WE have heard learned counsel for both the sides and looking to the evidences collected during the course of trial, there is a prima facie case against the appellant -accused.

(3.) AS a cumulative effect of. the aforesaid depositions, there is a prima facie case against the appellant -accused and looking to the gravity of the offence and the quantum of punishment and the manner in which the appellant is involved in the offence, as alleged by the prosecution, we see no reason to suspend the sentence, awarded to the appellant -accused by the trial court.