Rajesh H. Shukla, J.

1. Rule. Learned APP Ms. Hansa Punani waives service of rule for the respondent State.

2. The present application is filed by the applicant-appellant under section 389 of the Code of Criminal Procedure, 1973 for suspension of sentence as well as for suspension of conviction as per the passed in Special (Atrocity) Case No. 10 of 2014 by the learned 2nd Addl. Sessions Judge and Special Judge (Atrocities), Amreli dated 13.4.2016, on the grounds stated in the application.

3. Heard learned Sr. Counsel Shri ND Nanavati appearing with learned advocate Shri Devang Vyas for the appellant and learned APP Ms. Punani.

4. Learned Sr. Counsel Shri Nanavati referred to the papers and the paper-book which is supplied at the time of hearing of this application and emphasised referring to the testimony of the complainant victim, PW-13 at Exh. 54 (Dr. Dabhi) and submitted that as stated in his testimony, there was some misunderstanding which led to the altercation. However, learned Sr. Counsel Shri Nanavati submitted that he has been assaulted by one person who was with the present applicant-appellant and not by the applicant. He further submitted that it is not shown how t