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Judgment
Gautam Kumar Choudhary, J
I.A. No. 9157 of 2023
Heard learned counsel for the appellants in this interlocutory application which has been filed under Section 389(1) of Cr.P.C. on behalf of the appellants for suspension of sentence during pendency of the appeal who have been convicted in S.T. No. 131/2016 under Sections 307 and 323 of Indian Penal Code and sentenced to undergo rigorous imprisonment for six years.
It is submitted by learned counsel for the appellants that the offence under Section 307 of Indian Penal Code will not be made out as the incidence took place at the spur of moment on a trivial dispute. Appellant- Golu Kumar had taken mobile of the informant.
Learned counsel for the State has opposed the prayer made in the interlocutory application. It is submitted that it has come in evidence that in a preplanned manner the informant/injured was called by the appellant and an attempt on his life was made by thrusting a glass bottle in his belly after breaking it. As a result the informant sustained critical injury on the vital parts of his body.
Under the circumstance, I am not inclined to suspend the sentence awarded by the trial court to the appellant.
I.A. No. 9157 of 2023 stands rejected.