Jharkhand High Court
Thakur Das Mahto @ Uma Charan Mahto vs The State Of Jharkhand on 16 November, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 612 of 2019
Thakur Das Mahto @ Uma Charan Mahto --- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
---
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
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For the Appellant: Mr. Dilip Kr. Jaiswal, Advocate
For the Respondent: Mr. Suraj Verma, A. P.P
---
04 / 16.11.2021 Heard learned counsel for the appellant and learned A.P.P Mr. Suraj
Verma on the prayer for suspension of sentence of this appellant made through
I.A. No. 1025/2020.
2. The sole appellant stands convicted for the offence punishable under
sections 498-A/304-B of the Indian Penal Code and section 4 of Dowry
Prohibition Act by the impugned judgment dated 15.05.2019 passed in Sessions
Trial No. 305/2014 by the Court of learned Additional Sessions Judge-II,
Special Fast Track Court (Crime against Women), Bermo at Tenughat and has
been sentenced in the following manner by the impugned order of sentence
dated 17.05.2019.
Under Sentence Fine In default of payment of
Section (in Rs.) fine.
498-A I.P.C R.I for three (03) Years 3000/- S.I for four (04) months
304-B I.P.C R.I for twelve (12) years 5000/- S.I for six (06) months
4 of D.P. R.I for six (06) months 2000/- S.I for two (02) months
Act
3. Learned counsel for the appellant submits that the appellant is the
husband and other family members had been acquitted of the charges by the
impugned judgment. Though, the Informant father (PW-1) alleged demand of
motorcycle and dowry and consequent torture due to non-fulfilment thereof
even after five years of marriage, but from the post-mortem report and the
deposition of the Doctor (PW-7), it would appear that the deceased died as a
result of asphyxia due to drowning and one ante mortem injury of black
coloured bruise on the left side of the forehead could have been as a result of
fall in the well due to bricks and other hard substances. PWs-4 & 5 who are the
sister-in-law (Gotni) and villager of the matrimonial home of the deceased, have
turned hostile. Other prosecution witnesses like PWs-1, 2 & 3 (father, mother
and uncle of the deceased) are related witnesses who have not seen the
occurrence. Two defence witnesses have stated that there was no quarrel
between the appellant and the deceased. The deceased was
issueless, therefore, she had become short tempered and had committed suicide.
Appellant has remained in custody for about six years and seven months i.e.
more than half of the custody of twelve years. Therefore, he may be enlarged on
bail by suspending his sentence.
4 Learned A.P.P Mr. Verma has opposed the prayer. He submits that
death occurred in unnatural circumstances with external ante mortem injury on
the body of the deceased in the matrimonial home within seven years of
marriage with preceding instances of torture due to non-fulfilment of demand of
dowry as deposed by the Informant father and other prosecution witnesses like
PWs-2 & 3. As such, appellant being the husband, may not be enlarged on bail.
5. We have considered the submissions of learned counsel for the parties
and taken note of the materials on record including the period of custody
undergone by the appellant till date. Having regard to the totality of facts and
circumstances noted above and that the appellant has remained in custody for
about six years and seven months i.e. more than half of the custody imposed
upon him, we are inclined to enlarge the appellant on bail by suspending his
sentence during pendency of this appeal. Accordingly, Appellant Thakur Das
Mahto @ Uma Charan Mahto shall be released on bail, during pendency of this
appeal, on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with
two sureties of the like amount each, to the satisfaction of learned Additional
Sessions Judge-II, Special Fast Track Court (Crime against Women), Bermo at
Tenughat in Sessions Trial No. 305/2014 with the condition that the appellant
and his bailors shall not change their address or mobile nos. without permission
of the learned Trial Court and Appellant and his bailors shall also furnish their
Aadhar Card before the learned Trial Court at the time of his release. I.A. No.
1025/2020 stands disposed of.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Ranjeet/
