Criminal Procedure vs In Re : Swapan Bayen
2021 Latest Caselaw 5826 Cal

24.11.2021

sdas CRA 590 of 2019 with CRAN 2 of 2019 (old No. CRAN 4642 of 2019) (via video conferencing)

In Re : An application under Section 389(1) of the Code of Criminal Procedure.

And In Re : Swapan Bayen .... appellant

Mr. Partha Sarathi Bhattacharyya Mr. Debangan Bhattacharjee Ms. Swarnali Saha ....... for the appellant

Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ..... for the State

In Re : CRAN 2 of 2019 (old No. CRAN 4642 of 2019)

Learned Counsel appearing for the appellant submits

that the best evidence in the instant case viz. Bhuter had not

been examined. The civic police personally had also not been

examined.

Learned Counsel appearing for the State draws our

attention to page no. 12 of the judgment wherein learned trial

court noted that in the statement of the appellant under

Section 313 of the Code of Criminal Procedure he had stated

that Bhuter had not accompanied them.

We have considered the evidence on record. There is

overwhelming evidence that the appellant was with his

deceased wife at the time of the occurrence near 'Khusle Goire

Sanko'. Autopsy surgeon (P.W. 9) opined that the death was

due to manual strangulation. No explanation was forthcoming

from the appellant with regard to the circumstances leading to

the homicidal death of his wife.

Under such circumstances and in view of the gravity of

the offence, we are not inclined to suspend the sentence of the

appellant.

Accordingly, the application being CRAN 2 of 2019 (old

No. 4642 of 2019) is rejected.

Lower court records be called for within four weeks from

date.

Paper books be prepared immediately thereafter.

Liberty to mention.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)