Dhirubhai Naranbhai Patel, J. - (1.) THE present application has been preferred under Section 389 of the Code of Criminal Procedure by the applicants namely, Lodhru Tudu, Gangwa @ Shiblal Tudu and Lodhwa Tudu who are appellant nos. 1, 4 and 3 in this criminal appeal, for their suspension of sentence. We have heard the counsel for both the sides and perused the Record and proceedings of Sessions Case No. 267 of 2002/168 of 2002. Having heard the counsel for both the sides and looking to the evidences on record, it appears that the case of the prosecution is based upon eye witness -P.W. 9 as well as upon other evidences on record. Looking to the depositions of the prosecution witnesses, it appears that sharp cutting instrument was used by these applicants in causing murder of the deceased. As the criminal appeal is pending, we are not much analyzing the evidences on record, but, suffice it to say that looking to the medical evidence given by P.W. 6 namely, Dr. Satyendra Mishra, there is enough corroboration to the deposition of the eye witness -P.W. 9. Moreover previously also, the prayer for suspension of sentence of these applicants was rejected by this Court and there is no change in circumstance whatsoever except efflux of time. In view of these evidences on record and looking to the fact that there is prima facie case against these applicants and also looking to the gravity of the offence, quantum of punishment and the manner in which, these applicants are involved in the offence of murder of deceased, we are not inclined to suspend the sentence awarded to these applicants namely, Lodhru Tudu, Gangwa @ Shiblal Tudu and Lodhwa Tudu by the 5th Addl. Sessions Judge, Fast track Court No. 2, Godda. 2.Nonetheless looking to the period of custody, we therefore, direct the Registry of this Court to enlist this criminal appeal on the board of "Final Hearing" in its seriatim number as per period of custody in the first week of August, 2013. ;