(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by the applicant - original accused praying for suspension of sentence awarded by the learned 7th (ad-hoc) Additional Sessions Judge, Surat in Sessions Case No.138 of 2010 by Judgment and Order dated 22.02.2012. The convict is awarded life imprisonment for offence under section 302 of the Indian Penal Code and one year imprisonment for an offence under section 498-A of the Indian Penal Code and three months imprisonment for an offence under section 323 of the Indian Penal Code and one month simple imprisonment for offence under section 504 of the Indian Penal Code. The learned 7th (ad-hoc) Additional Sessions Judge has also imposed fine of Rs.5000/- and in default further three months simple imprisonment.
2. Learned Advocate for the applicant Ms. Kiran D. Pandey submitted that the applicant is having two minor children and therefore it is in the interest of Justice, if the sentence imposed is suspended.
3. Taking into consideration the contents of the Dying Declaration and other relevant material on record, this Court is of the opinion that there is no case made out for suspension of sentence. Hence, this application is rejected.
(Ravi R.Tripathi, J.) (Paresh Upadhyay, J.) Sunil W.
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