JUDGMENT

1. Today, this appeal listed for consideration of I.A. No.410/2021, which an application under section 389 of CrPC for suspension of sentence and grant of bail. Since the record has been received, therefore, with the consent of parties, the appeal is heard finally.

2. The appellant has filed the present appeal under section 374 of CrPC against the judgment dated 30.4.2019 passed by Second Additional Sessions Judge, Garoth, District Mandsaur whereby he has been convicted for the offence punishable under 307 of IPC and under section 25(1-B) (B)/4 of Arms Act and sentenced to undergo 5 years R.I. and 6 months R.I. with a fine of Rs.5,000/- and Rs. 100/- with default stipulation.

3. As per the prosecution story, the marriage of the appellant took place with Sunita/injured ( wife of the appellant) 14-15 years back from the date of commission on 18.7.2017. After the marriage, Sunita was residing with the appellant, father-in-law and mother-in-law. The appellant was earning by selling breakfast in the morning. They were residing in the rented house. On 18.7.2017, near about 12:50 pm, the complainant Mahesh got heard the screaming voice of his sister Sunita. He immediately reached