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Judgment
Heard on I.A. No.1120/2020, which is an application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence
and grant of bail filed on behalf of appellant Zakir S/o Sonawar @ Sanowar Mansuri.
The present appellant has been convicted under Sections 304 Part â€" II and 394 of the Indian Penal Code and has been sentenced to undergo 10
years' rigorous imprisonment each along with fine of Rs.5,000/- each and with default clause to further undergo 6 months' rigorous imprisonment each.
Learned counsel for the appellant has argued before this Court that there was no intention at any point of time on part of the present appellant to
cause death of the deceased and he can be awarded sentence maximum under Section 304 Part â€" II of the Indian Penal Code i.e., 10 years'
rigorous imprisonment.
On the other hand, learned Government Advocate has drawn the attention of this Court towardes the statement of Aadam (P.W-1), who has
categorically stated about the assault by the present appellant.
This Court, after going through the judgment passed by the trial Court, does not find any reason to suspend the jail sentence of the present appellant.
Accordingly, I.A. No.1120/2020 stands rejected.
Certified copy, as per rules.