JUDGMENT 1. - Heard learned counsel for the accused-appellant, learned Public Prosecutor for the State and have also perused the impugned judgment. 2. Appellant Rohitash, who is real brother of injured Manroop, has been convicted under Section 307 IPC and sentenced to suffer R.I. for three years a id a fine of Rs. 5,000/- by the learned Additional Sessions Judge (Fast Track), No. 2, Jhunjhunu. 3. Learned counsel appearing for the accused-appellant submits that the appellant was on bail during trial and the sentence awarded to him has been suspended by the trial Court for a period of one month. It is also submitted that no offence under Section 307 IPC is made out as there was no intention of the appellant to kill the injured. The incident took place all of a sudden and as per the prosecution case, the appellant had caused injury by pelting stones on the head of the injured. Therefore, the sentence awarded to the appellant be suspended. 4. Learned Public Prosecutor appearing for the State has opposed the application. 5. Considering the aforesaid submissions and after having gone through the entire prosecution evidence as also the impugned Judgment, I am inclined to suspend the sentence awarded to the accused-appellant. 6. It is, therefore, ordered that the sentence awarded to accused-appellant Rohitash Sic Amilal shall remain suspended during pendency of the appeal and he be released on bail provided he furnishes a personal bond in the sum of Rs. 10,000/- (Rs. Ten thousand only) with two sound sureties of Rs. 5,000/- (Rs. five thousand only) each to the satisfaction of the learned trial Court with the stipulation to appear in this Court on 29/11/2004 and whenever called upon to do so.Application for Suspension of Sentence Allowed. *******