Vijay Kumar Manjhi vs The State Of Jharkhand
2023 Latest Caselaw 1658 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr. Appeal (DB) No. 325 of 2023
                                          With
                                  I.A. No.3554 of 2023
           Vijay Kumar Manjhi                           ........... Appellant
                                            Versus
           The State of Jharkhand                           .......Respondent.
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND

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      For the Appellant       : Mr. B.M. Tripathy, Sr. Advocate
                                Mr. Naveen Kumar Jaiswal, Advocate
      For the Respondent      : Mr. Satish Prasad, A.P.P.
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   03/Dated: 19th April, 2023

An interlocutory application being I.A. No.3554 of 2023 has been filed under Section 389(1) of the Cr.P.C. for suspension of sentence in connection with the judgment of conviction and order of sentence dated 17th February, 2023 and 23rd February, 2023 respectively passed by the learned Additional Sessions Judge-V, Palamau at Daltonganj in S.T. No.361 of 2019, whereby and whereunder the appellant/convict A-2, namely, Vijay Kumar Manjhi has been convicted for the offence under Section 304-B/34 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life for the said offence.

Mr. B.M. Tripathy, learned senior counsel for the appellant assisted by Mr. Naveen Kumar Jaiswal, Advocate has submitted that the appellant being the uncle-in-law has been convicted, even though there is no conclusive evidence as has been deposed by the different witnesses about his living together with the in-laws of the deceased. It has been submitted by referring to the testimony of the P.W.-6, namely, Baijnath Ram, wherein it has been deposed by him that the appellant reside in Daltonganj and used not to come to the village where the occurrence took place. The submission has been made that the learned trial court without getting any conclusive evidence in together as also without having any evidence of beneficiary to the demand of dowry has convicted the appellant. It has further been contended by referring to paragraph 43 of the impugned judgment, wherein the learned trial court has come to the finding about the complicity of the appellant by taking into consideration the evidence of P.W.s 1 and 2. It has come in their evidence that her husband and in-laws started demanding dowry but there is no specific testimony of P.W.s 1 and 2 if it will be read together.

The submission in the aforesaid background has been made that it is the case where the prima facie material is available in favour of the appellant for suspension of sentence.

Learned A.P.P. appearing on behalf of the State on the basis of the aforesaid submission is, hereby, called upon to file objection as to why the sentence of the appellant be not kept in abeyance during pendency of the appeal. The objection, if any, be filed on or before the next date of hearing. Let this matter be listed on 4th May, 2023.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.) Rohit Pandey/-