- (1.) Both these interlocutory applications have been preferred by original accused Nos. 3 and 2 of Sessions Trial Nos. 97 of 2005 and 367 of 2004 respectively, for suspension of sentence, awarded by the trial court for the offence of committing murder of one Raja Ram Singh.
(2.) BOTH the criminal appeals have already been admitted by this Court. We have heard learned counsel for both the sides, who have argued with fine niceties of the depositions of the prosecution witnesses to be read with medical evidence and the evidence given by the Investigating Officer.
(3.) AS the criminal appeals are pending, we are not much analyzing the evidence on record. Suffice it to say. that looking to the depositions of the prosecution witnesses, there is a prima facie case against both the appellants -accused, who are accused Nos. 2 and 3, namely, Mauntu Kumar Singh @ Molta and Sanjeeb Kumar Sharma @ Sanjeev Kumar Sharma. I. P.Ws. 6 and 7 are the eyewitnesses of the incident. II. P.W. 7 is the informant, who has given the names of the appellants -accused in the F.I.R. which is dated 9.2.2004. III. Both P.Ws. 6 and 7 have clearly narrated the role played by these appellants -accused. IV. Accused No.2 was arrested on 27.3.2004, as submitted by learned counsel for the accused No. 2 and, therefore, Sessions Trial No. 367 of 2004, was instituted against Kalika Singh @ Kaliya and Mauntu Singh @ Molta. At that time, accused NO.3 was absconding. He was arrested later on. V. Accused No. 3 was arrested on 28.10.2004, as submitted by learned counsel for the accused No.3 and, therefore, Sessions Trial No. 97 of 2005 was instituted against him. VI. Still one more accused, namely, Tuntun Singh is absconding as yet. VII. Both P.Ws. 6 and 7 had identified these two appellants -accused in the court. VIII. Murder of Raja Ram Singh has taken place in the house of accused No. 2 Mauntu Singh @ Molta. IX. Looking to the depositions given by P.Ws. 6 and 7, there is a prima facie case against these appellants -accused. Moreover, there is corroboration by the depositions given by the medical evidence of P.W. 5 -Dr. Minj. So far Sanjeeb Kumar Sharma @ Sanjeev Kumar Sharma, accused No. 3 is concerned, his previous bail application was rejected by order dated 19.12.2006. For him, this is the second attempt. ;