JUDGMENT :

I.A. No. 1502 of 2025:

1. The instant interlocutory application has been filed on behalf of appellant for suspension of sentence dated 16.12.2021 passed by the learned Sessions Judge, Gumla, in S.T. Case No. 82 of 2016 whereby and whereunder, the appellant was convicted and sentenced to undergo imprisonment for life with fine of Rs.5,000/- and in default of payment of fine he would further directed to undergo simple imprisonment for three months.

2. It has been contended on behalf of the appellant that it is a case where the judgment and conviction is based upon the testimony of P.W.2 and P.W.4, who has been considered as eye-witnesses, but the testimony of P.W.4 particularly para 6 taking into consideration the evidence, the P.W.4 cannot be said to be an eye-witness and his testimony cannot said to be acceptable. Since, he had deposed in the said paragraph that at the time of the occurrence, he was near the house of the deceased and the deceased was in senseless condition, therefore, the argument has been advanced that the conviction, based upon the testimony of P.W.2 and P.W.4 together, cannot be said to be proper. It has also been submitted that the appellant has already