JUDGMENT D.N. Patel, J. 1. This appeal has been admitted vide order dated 9th May, 2013. 2. Records and proceedings of Sessions Trial No. 116 of 2010 was called for from the Trial Court so as to appreciate the argument for suspension of sentence. 3. This Court has received the records and proceedings of Sessions Trial No. 116 of 2010 and we have perused the same. 4. We have heard the counsel for both the sides, at length. 5. Having heard the counsel for both the sides and looking to the evidences on record, it appears that the prosecution has examined total eight witnesses. P.Ws. 1, 2, and 3 have turned hostile. P.W. 6 is a doctor namely, J. Shree Niwas Roy who has carried out the postmortem of dead body of the deceased. P.W.8 is the Investigating Officer. 6. It is further submitted by the counsel for the appellants that P.W.4 is a co-villager. P.W.5 is the wife of the deceased and P.W. 7 is brother-in-law of the the deceased. Main witnesses are P.W. 5 and P.W. 7 on behalf of the prosecution. We have perused the depositions of these witnesses including their cross examinations and looking to their depositions, there is a prima facie case in favour of these appellants. The offence has been taken place on 5th February, 2010. P.W. 7 has stated in his deposition that he and the deceased were returning to home from one 'Mela' and at that time, the deceased and he both were assaulted by original accused no. 3 and other co-accused including the present appellants and ran away and thereafter, he came to know about the death of the deceased. The dead body was found out on 7th February, 2010 and the First Information Report was lodged on February, 2010. Looking to this deposition, it is vehemently submitted by the counsel for the appellants that though, offence is alleged to have been taken place on 5th February, 2010, First Information Report was not lodged on the same day, but, after the dead body was recovered. Looking to the over all depositions of P.Ws. 5 and 7, we, hereby, suspend the sentence awarded to these appellants namely, Bana Bablu Banra and Pradip Tanty by the Additional Sessions Judge – II, Seraikella Kharswan in Sessions Trial No. 116 of 2010 upon execution of bail bond of Rs.
Looking to the over all depositions of P.Ws. 5 and 7, we, hereby, suspend the sentence awarded to these appellants namely, Bana Bablu Banra and Pradip Tanty by the Additional Sessions Judge – II, Seraikella Kharswan in Sessions Trial No. 116 of 2010 upon execution of bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Seraikella Kharswan on the condition that the appellants shall be available as and when their presence is required by the Court and also on the condition that they shall not change their residential address without prior permission of this Court.