Krishna Mahato vs Vrs
2021 Latest Caselaw 2625 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Criminal Appeal (DB) No. 214 of 2019
    Krishna Mahato                                      ............Appellant
                             Vrs.
    The State of Jharkhand                              ......... Respondent
                                  .......

CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE KAILASH PRASAD DEO

For the Appellant : Mr. Saibal Mitra, Advocate For the State : Mr. Bhola Nath Ojha, A.P.P.

08/29.07.2021 Heard Mr. Saibal Mitra, learned Counsel for the appellant and Mr. Bhola Nath Ojha, learned A.P.P. for the State on the renewed prayer for suspension of sentence of the appellant made through I.A. No. 1814 of 2020.

The appellant along with four others been convicted for the offence punishable under Section 326A /34 of the I.P.C by the impugned judgment of conviction dated 04.01.2019 passed in Sessions Trial No.92 of 2017 by the Court of learned Sessions Judge, Seraikella-Kharsawan and all of them have been sentenced to undergo R.I. for 10 years and a fine of Rs6000/-with a default sentence by the order of sentence dated 10.01.2019 Learned Counsel for the appellant Mr. Saibal Mitra has submitted that injury sustained by three victims i.e., two sons of the informant and one niece of the informant are only simple in nature as there is no blisters. Therefore, the appellant may be enlarged on bail as other co-convicts are enjoying the privilege of suspension of sentence during pendency of this appeal.

Learned counsel for the State Mr. Bhola Nath Ojha, Additional Public Prosecutor has opposed the prayer. He submits that from perusal of the evidence of P.W.11 Dr. Arjun Soren, Medical Officer, CHC Rajnagar, who has examined Bimal Mahto, Manoj Mahto and Kamal Mahto, it appears that the doctor has found the injuries to be grievous in nature. Injury- burns from corrosive substance on both side of face above horizontal line of lower lip. The burnt area of skin is slough, moist, slimy, greyish and ulcerated patches free from blisters. The doctor has explained that it is not necessary that in all injury caused with acid blisters will appear. Corrosive substance damage the skin by chemical action. It is

further submitted that P.W.4 Manoj Mahto has categorically stated that this accused Krishna Mahto after wearing gloves in hand rubbed the acid on the face and the other accused persons were holding him and prior to applying acid on the face, he was also beaten by Krishna Mahato with fist and slap.

Considering the serious allegations against the appellant which has caused injury found by the medical evidence as grievous in nature, we are not inclined to grant the privilege of suspension of sentence to the appellant. Accordingly, I.A. No. 1814 of 2020 is dismissed.

(Aparesh Kumar Singh, J.)

(Kailash Prasad Deo, J.)

A.Mohanty