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Judgment
Gautam Kumar Choudhary, J
I.A. No. 3279 of 2024
Heard learned counsel for the appellant in this interlocutory application which has been filed under Section 389(1) of Cr.P.C. on behalf of the appellant for suspension of sentence during pendency of the appeal who has been convicted in S.T. No. 471/2010 under Sections 307 and 324 of Indian Penal Code and sentenced to undergo rigorous imprisonment for a term of seven years.
It is submitted by learned counsel for the appellant that there was no intention to cause death and it is a case of one single injury which has been found to be grievous in nature and another injury was simple in nature. The appellant has served sentence for more than two years
Learned counsel for the State has opposed the prayer made in the interlocutory application and submitted that there is direct and specific evidence that because of occupational rivalry he has made repeated knife blow resulting in grievous injury to the injured on the vital part of the body.
Considering the gravity of the offence I am not inclined to suspend the sentence awarded by the trial court to the appellant.
I.A. No. 3279 of 2024 stands rejected.