Rajan Gupta, J

1. The present application has been moved by Shishu Pal Singh @ Shish Pal under Section 389 of the Code of Criminal Procedure, praying for suspension of his conviction pending appeal before this Court. The applicant has been convicted under Sections 302/34 IPC read with Section 120-B IPC, for which he has been sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/-, in default whereof rigorous imprisonment for six months.

2. The allegations against the applicant/appellant are that he along with other three accused murdered one Mehtab Singh. The trial Court recorded a finding that Mehtab Singh was unmarried and owned property. The accused did not deny that they were collaterals of the deceased and some of the property of the deceased had been in possession of the applicant-accused and another accused Karam Singh. Even the weapon of offence i.e. country made pistol was recovered from the house of the applicant herein, Shishu Pal.

3. Applicant-accused Shishu Pal, inter alia, set up a plea of alibi, which was not accepted by the trial Court and he was convicted and sentenced, as aforementioned.

4. The applicant before this Court has relied upon a n