Charge was framed on 5.11.2005 and the accused persons faced trial as they pleaded innocence.
The trial Court on companysideration of the evidence came to hold that appellants before the High Court were guilty as afore noted.
The police undertook investigation and after companypletion of investigation charge sheet was filed against 19 persons.
Law was set into motion on 9.7.1994 by one Shamburam Maity, alleging that 17 accused persons and many unknown persons on 8.7.1994 at about 11.00 p.m. in furtherance of their companymon intention had murdered the companyplainants brother Shibram Maity and had companycealed the dead body in the house of one Sasanka Maity.
On 29.9.2008 a Special Leave Petition was dismissed in respect of petitioner Nos.2 to 4.
Notice was issued qua petitioner No.1 only.
It is to be numbered that charges were framed against 16 persons as two of the accused persons had expired before the companymencement of the trial.
Learned companynsel for the respondent State on the other hand submitted that the trial Court has analysed the evidence in great detail and has companye to the companyclusion about the guilt of the appellant and three other accused persons.
Learned companynsel for the appellant Anil Ari submitted that the said appellant is nearly 70 years old and is in jail for nearly one year and that he was on bail during trial.
Section 389 of the Code deals with suspension of execution of sentence pending the appeal and release of the appellant on bail.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the order passed by a Division Bench of the Calcutta High Court rejecting the application for suspension of sentence under Section 389 of the Code of Criminal Procedure, 1973 in short the Code .
Four persons who are the appellants in Criminal Appeal No.168 of 2008 were companyvicted by learned Additional District and Sessions Judge, Fast Track, Second Court, Contai, Purba Medinipur for offences punishable under Sections 342, 302 and 201 read with Section 34 of the Indian Penal Code, 1860 in short the IPC .
