D.N.PATEL,J - (1.) THESE appeals have already been admitted by this Court. Record and proceeding of the Sessions Case No.181 of 2007 was called for from the trial Court to appreciate the argument for suspension of sentence awarded to the appellantsaccused.
(2.) RECORDS and proceeding of the trial Court has been received by this Court and we have perused the same. We have heard learned counsel for both sides on the prayer for the suspension of sentence under Section 389 of the Code of Criminal Procedure. We have also perused the record and proceeding of Sessions Case No.181 of 2007.
(3.) HAVING heard learned counsel for both the sides and looking to the evidence on record, there is prima facie case against both the appellants accused who are original accused Nos. 1 and 5 respectively. As the Criminal Appeals are pending, we are not much analyzing the evidences on record but suffice it will be for us to say that the case of the prosecution is based upon several eyewitnesses who are PW.1, PW.2, PW.3, PW.4, PW.5, PW.7 & PW.8, out of which PW.1, PW.2, PW.3, PW.5, PW.7 & PW.8 are injured eyewitnesses. Looking to the depositions given by these witnesses, there is prima facie case against both the appellantsaccused. Moreover, their deposition is getting further corroboration by medical evidences given by PW.9 and PW.9 who have carried out post mortem and examined injured eyewitnesses respectively.;