ORDER :

ILESH J. VORA, J.

1. Rule. Learned APP waives service of Rule on behalf of respondent-State. By consent, Rule is fixed forthwith.

2. We have heard Mr. Hridya Buch, learned counsel for the applicant and Mr. Krutik Parikh, learned APP for the respondent-State.

3. By way of this application under Section 430(1) of the Bharatiya Nagarik Surakhsa Sanhita, 2023, applicant Dayaram Vaghjibhai, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 302 and 323 of the IPC.

4. The present appeal and the application for suspension of sentence arise from the judgment dated 30.11.2016 and order of sentence passed in Sessions Case No.81 of 2009, whereby, the applicant herein was convicted and sentenced as under:

(i) Section 302 of IPC: R.I. for Life and fine of Rs.10,000/- and in default thereof, further imprisonment for 6 months;

(i) Section 323 of IPC: S.I. for 6 months and fine of Rs.500/- and in default thereof, further imprisonment for 15 days;

5. Facts and circumstances giving rise to file present application is that, on 15.06.2008, the applicant-accused Dayaram Vaghjibhai inflicted blow on the head of the deceased Pamiben which