1. This is an application for suspension of sentence under section 389 of the Criminal Procedure Code , 1973 (‘the Code’), during the pendency of the appeal.

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3. The applicant-original accused No.8 came to be convicted alongwith eight other accused, for the offence punishable under section 302 read with section 34 of the Indian Penal Code , 1860 (‘the Penal Code’) and sentenced to suffer imprisonment for life and pay fne of Rs.5,000/- with default stipulation, for having committed murder of Eknath Baban Kudale (‘the deceased’) in furtherance of his common intention with the convicted co- accused, by the learned Additional Sessions Judge, Pune, by judgment and order dated 30th January 2021 in Sessions Case No.460 of 2015.

4. Being aggrieved thereby and dissatisfed therewith, the appellant has preferred this appeal assailing the legality, propriety and correctness of the judgment of conviction and order of sentence.

5. The applicant has preferred the instant application with the assertion that the learned Additional Sessions Judge committed a manifest error in returning the fnding of guilt qua the applicant sans legal evidence. The fact that the testimony of Kashinath Baban Ku