JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. 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 convicted 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').

3. 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 common intention had murdered the complainant's brother Shibram Maity and had concealed the dead body in the house of one Sasanka Maity. The police undertook investigation and after completion of investigation charge sheet was filed against 19 persons. Charge was framed on 5.11.2005 and the accused persons faced trial as they pleaded innocence.

4. It is to be noted that charges were framed against 16 persons as two of the accus