D.N. Patel, J.

1. The present interlocutory application has been preferred under Section 389 of the Code of Criminal Procedure for suspension of sentence awarded to this appellant by the Principal District & Sessions Judge, Godda in Sessions Case No. 1 of 2010 whereby, this appellant has been convicted mainly for the offence under Section 302 of the Indian Penal Code to be read with Section 34 thereof and punished for life imprisonment for causing murder of Mahesh Kant Jha.

2. Having heard counsels for both the sides and looking to the evidences on record, there is prima facie case against this appellant-accused. As the criminal appeal is pending, we are not much analyzing the evidences on record, but, suffice it to say at this stage looking to the depositions given by P.W.1, P.W.2, P.W.5 and P.W.6 there is prima facie case against this appellant. P.W.1 and P.W.2 are the eye witnesses. They have clearly narrated the role played by this appellant in causing head injury upon the deceased which is the cause of death as per the medical evidence. Looking to the medical evidence given by P.W.6-Dr. Pradeep Kr. Sinha, injury no.2 was sufficient in ordinary course of nature to cause th