1. This criminal appeal is preferred under section 374 of Cr.P.C. by the

appellant being aggrieved by the judgment dated 02.08.2021 passed by Principal

Session Judge, Jhabua in S.T. No..148/2019 whereby the appellant is

convicted for the offence punishable under Section 307 of IPC and sentenced

for 05 years with fine of Rs.1000/- and default stipulations.

2. At the very outset, counsel for the appellant prays for withdrawal of

the application for suspension of jail sentence I.A.2762/2023 and prays for final

hearing of this appeal at motion stage.

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Signed by: AMIT KUMAR

Signing time: 7/5/2023

6:49:39 PM

Signature Not Verified

3. As per the prosecution story, 20.07.2019, at about 10:30 PM, the

complainant reached on the shop of Valiya Pal to take Biri, whereon accused

Hemchand has called him to his house and asked as to why the complainant is

standing in front of his house and what is the relation of the complainant with

his wife and further he started assault on the complainant with kicks and fists.

Therefore, on the complaint of the injured, the FIR was registered against the

appellant under Section 294, 323 and 506 of IPC.

4. During investigation, medical examination was conducted, spot map

wa