KANWALJIT SINGH AHLUWALIA, J.

1. Rajpal @ Toni son of Shri Rattan Lal meena has preferred the present appeal through Jail.

2. Shri Deepak Soni was appointed as Amicus Curiae by the Rajasthan State Legal Services Authority.

3. Shri Deepak Soni at the outset in the Application filed for Suspension of Sentence bearing No.1129/2016, has submitted that five eye-witnesses, namely Ranglal (PW.5), Durgalal (PW.9), Lada (PW.10), Geeta Devi (PW.11) and Hemraj (PW.12) have deposed against the appellant and they have also been put to extensive cross-examination carried by defence counsel. Shri Soni has urged that considering the cause of occurrence, nature of injury, it is a good case for conversion of offence, hence, the sentence awarded upon the appellant be suspended as he has already undergone five years.

4. Shri N.S. Dhakar, learned Public Prosecutor, to oppose the prayer for suspension of sentence has submitted that since record is available with this court, appeal itself be decided.

5. Shri Deepak Soni, learned Amicus Curiae, has also prayed that accepting the prayer made by the learned Public Prosecutor, appeal be taken on board and same be decided.

6. We accept the joint prayer ma