Umesh Marandi vs The State Of Jharkhand
2023 Latest Caselaw 1688 Jhar

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   IN THE HIGH COURT OF JHARKHAND AT RANCHI
               Cr. Appeal (DB) No.288 of 2023
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Umesh Marandi                        ...   ...    Appellant
                            Versus
The State of Jharkhand               ...   ... Respondents
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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. Purnendu Kumar Jha, Advocate For the Respondent : Mr. Vineet Kumar Vashistha, A.P.P.

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th Order No. 04 : Dated 20 April, 2023

I.A. No.2803 of 2023

The instant interlocutory application has been filed

under Section 389(1) of the Code of Criminal Procedure on

behalf of appellant, namely, Umesh Marandi, for grant of bail

during the pendency of the instant appeal after suspending

the impugned judgment of conviction and order of sentence

dated 04.01.2023 and 06.01.2023 respectively passed by the

learned Additional Sessions Judge-III, Jamtara in Sessions

Trial No. 42 of 2019 arising out of Narayanpur P.S. Case

No.169 of 2018 corresponding to G.R. Case No.89 of 2019

whereby and whereunder the appellant has been convicted

for the offence under Section 302 of the Indian Penal Code

and sentenced to undergo R.I. for life with a fine of Rs.5000/-

and in default of payment of fine, further R.I. for one year,

under Section 376B R.I. for 5 years, under Section 323 R.I.

for 1 year and under Section 341 he has been awarded with

punishment of fine of Rs.500/-.

Learned counsel for the appellant has submitted that

the only basis of conviction is the statement of the deceased

who, before succumbing to injury, had given her statement

but there is no conclusive evidence to prove the prosecution

story, as would appear from the testimony of the witnesses.

Mr. Vineet Vashistha, learned Additional Public

Prosecutor appearing for the State, on the other hand, has

submitted by referring to the testimony of PW-11 Kumud @

Kumod Kumari, PW-12, the Doctor as also PW-13, the

Investigating Officer that sufficient material has come against

the appellant basis upon which the judgment of conviction

has been passed.

We have heard learned counsel for the parties and

taking into consideration the material available against the

appellant regarding causing injury to the deceased due to

which she has succumbed to injury and the said occurrence

has been corroborated by PW-11, namely Kumud @ Kumod

Kumari, who at the time of recording of the statement of the

deceased was very much present and supported the aforesaid

recording by identifying her signature as has been marked as

Ext.7/1.

Further, the said testimony has also been corroborated

from the medical evidence and the testimony of PW-13, the

investigating officer.

Regard being had to the facts and circumstances of the

case and taking into consideration the material available on

record, more particularly the testimony of PW-11 Kumud @

Kumod Kumari having been corroborated by PW-12, the

Doctor, this Court is of the view that no prima facie case is

made out to keep the sentence in abeyance.

The instant interlocutory application is accordingly,

dismissed.

It is made clear that any observation made herein will

not prejudice the issue on merit as the appeal is lying

pending for its consideration.

Let a copy of this order be forwarded to the appellant

through Jail Superintendent.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.) Birendra/