ORDER :

Bela M. Trivedi, J.

1. The application has been filed by the applicants (original accused nos. 2 and 3) seeking suspension of sentence and bail under section 389 of the Code of Criminal procedure.

2. The applicant No. 1 - Padamsinh Gagji Darbar (Chauhan) happens to be the father of the applicant No. 2 - Mahipatsinh Padamsinh Chauhan. Both the applicants along with the third accused Bhimsinh Padamsinh Darbar (Chauhan) (original accused No. 1), who happens to be the another son of the applicant No. 1 - Padamsinh Gagji Darbar (Chauhan), have been convicted by the learned Additional Sessions Judge, Tharad, District Banaskantha, for the offence under section 302 read with section 34 of Indian Penal Code vide judgement and order dated 30/7/2019 in Sessions Case No. 121 of 2018.

3. As per the case of the prosecution before the Sessions Court, on 9/12/2015 at about 14.30 hours, accused Mahipatsinh and his father Padamsinh had caught hold of the deceased Magabhai Savjibhai Thakore and accused Bhimsinh had given blows to the said Magabhai with Billhook (Dhariya). As a result thereof, said Magabhai died on the spot. The complaint was lodged by Khanji Havsi Thakore - brother of the decease