D.N.PATEL,J - (1.) THIS appeal has already been admitted by order dated 9th of July 2012 and record and proceedings of the Sessions Trial No. 70 of 1998 was called for from the trial court for appreciating the evidences for suspension of sentence which has been received by this Court.
(2.) We have perused the records and proceedings of the trial court. Having heard counsel of both the sides and looking to the evidences on record, there is prima -facie case against the appellant (who is original accused No. 1). As the criminal appeal is pending, we are not much analyzing the evidences on record, but suffice it to say and looking to the evidences on record, there are several eye witnesses of the incident, who are P.W. -1, P.W. -2, P.W. -3, P.W. -4, P.W. -7 and P.W. - -8. Looking to their evidences on record, present appellant has used fire arm and caused injury upon the deceased namely, Lata Devi, who expired on the spot. Looking to the totality of the evidences, there is prima -facie case against the present appellant/accused and looking to the gravity of offence and quantum of punishment and also the manner, in which present appellant is involved in the offences, as alleged by the prosecution, we are not inclined to suspend the sentence awarded by the trial court. Hence, prayer for suspension of sentence of the appellant is hereby rejected.;