D.N.PATEL, J. - (1.) THIS appeal has already been Admitted vide order dated 8th January, 2013 and the record and proceedings of Sessions Trial No. 46 of 2006 was called for from the concerned Trial Court so as to appreciate the arguments for suspension of sentence under Section 389 of the Code of Criminal Procedure.
(2.) RECORD and proceedings of Sessions Trial No. 46 of 2006 has been received by this Court and we have perused the same. Having heard counsel for both the sides and looking to the evidences on record, there is, prima facie, case against these appellants. As the criminal appeal is pending, we are not much analyzing the evidences on record, but, suffice it to say that the case of the prosecution is based upon more than one eye witnesses, who are P.W.3, P.W.4 and P.W.5. P.W.3 and P.W. 4 are injured eye witnesses. These three witnesses as well as P.W. 6 have clearly narrated the role played by these three appellants in causing murder of the deceased. The weapons alleged to have been used are "Farsa and Sword .
(3.) IN view of these evidences on record and looking to the gravity of the offence, quantum of punishment and the manner in which these appellants are involved in the murder of the deceased, we are not inclined to suspend the sentence awarded to these three appellants by the Trial Court.;