(1.) This criminal appeal has already been admitted by order dated 8 th May, 2013 and the records and proceedings of Sessions Trial No. 85 of 2012 was called for from the trial court so as to appreciate the arguments for suspension of sentence.
(2.) This Court has received the records and proceedings of the Sessions Trial No. 85 of 2012. We have perused the same and heard the counsel for both the sides at length for suspension of sentence under Section 389 Cr.P.C.
(3.) Having heard the counsel for both the sides and looking to the evidences on record, it appears that prosecution has examined 8 witnesses and P.W 2 and P.W 3 are the eyewitnesses, who are son and daughter of the deceased. P.W 2 is aged about 8 years and P.W 3 is aged about 7 years. We have perused their depositions as well as the deposition of P.W 6, who is an informant. Looking to their depositions and crossexaminations, there is a prima facie case in favour of this appellant.