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 – Ishwarbhai @ Laxmanbhai Maknabhai Katara under Section 430 of the Bhartiya Nagarik Nayay Sanhita 2023 for suspension of sentence awarded to him vide judgment and order of conviction and sentence dated 15.3.2018 by the learned Additional Sessions Judge, Mahisagar at Lunawada in Sessions Case No.36 of 2017.

3. The facts of the case in nutshell are as follows:

3.1. The applicant along with his wife and father were charged with the offence under sections 302 read with 114 of the INDIAN PENAL CODE , 1860. It is the case of the prosecution that the deceased and the applicant herein were engaged in carpentry work. There was some dispute between the two and therefore they parted their ways from each other. Allegedly the deceased had given Rs.25,000/- to the applicant herein when the wife of the applicant was not well. It is also alleged that at the relevant time, the deceased had carried out carpentry work for the house of the applicant as well and therefore the deceased was demanding money from the applicant for both. It i