ORDER :

P. M. RAVAL, J.

1. Rule. Learned APP waives service of notice of Rule on behalf of respondent State.

2. The present application is preferred by original accused No.1 – Dharmendrabhai @ Dhamabhai Vajubhai Makwana under Section 389 of the Code of Criminal Procedure 1973 for suspension of sentence awarded to him vide judgment and order of conviction and sentence dated 18.10.2022 by the learned 7^th Additional District & Sessions Judge, Ahmedabad (Rural) at Dholka in Sessions Case No.30 of 2021.

3. Learned advocate Mr.B.S.Panchal appearing for the applicant has mainly contended as follows :

(a) That no witnesses have named the present applicant in the alleged crime.

(b) That learned trial Judge has not appreciated the fact that the present applicant being identified in the court room by the complainant Raghuben, Champaben, Laxmiben, Tinabhai, Bhanuben and Rajubhai. However, all these witnesses gathered at the place of incident hearing the screaming of the complainant and had seen accused No.2 inflicting injuries on knees and thigh with pipe. Thus, none of these witnesses have seen the present accused having inflicted any injury to the deceased.

(c) That no independent witness’s state