Vishnu Oraon vs The State Of Jharkhand
2023 Latest Caselaw 1770 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
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Cr. Appeal (DB) No.89 of 2023 With I.A. No.785 of 2023

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Vishnu Oraon, aged about 29 years, Son of Indradev Oraon .... .... Appellant Versus

The State of Jharkhand .... .... Respondent

CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND

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For the Appellant : Mr. Sanjay Prasad, Advocate For the State : Mrs. Amrita Kumari, A.P.P.

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05/Dated:26th April, 2023 I.A. No.785 of 2023

The instant interlocutory application has been filed for

suspension of sentence in connection with S.T. Case No.126 of

2019 arising out of Kairo P.S. Case No.36 of 2019,

corresponding to G.R. Case No.606 of 2019, whereby and

whereunder, the appellant has been convicted under Section

302 of the I.P.C. and he has been sentenced to undergo rigorous

imprisonment for life with a fine of Rs.20,000/- and in case of

non-payment of fine amount, he has further been sentenced to

undergo simple imprisonment for two years.

2. Mr. Sanjay Prasad, learned counsel appearing for the

appellant has submitted that there is no eye witness to the

occurrence and out and out, it is a case of affair in between the

appellant and P.W.2.

The submission has been made that P.W.2 has been said to

be eye witness but if her testimony will be considered, it would

be evident that she has not seen the occurrence. In that view of

the matter, the prayer has been made that it is fit case where the

sentence is fit to be suspended.

3. While on the other hand, Mrs. Amrita Kumari, learned

A.P.P. appearing for the State has submitted that there is ample

evidence against the appellant as would appear from the

testimony of P.W.2, who had seen fleeing away the appellant

with knife from the place of occurrence and when she has

reached to the place of occurrence, she has found the body of

her father in the pool of blood.

It has been stated that the appellant has disclosed the

commission of offence by giving his confession, basis upon

which, the knife from the place of occurrence has also been

recovered, therefore, the learned trial Court by taking aid of the

provision of Section 27 of the Evidence Act, has found the

charge proved beyond all shadow of doubts and accordingly,

the judgment of conviction has been passed. Therefore, it is not

a fit case where the sentence is to be suspended.

4. We have heard the learned counsel for the parties, perused

the documents available on record as also the finding recorded

by the learned trial Court along with the lower court record.

5. It is evident from the material available on record and the

finding recorded by the learned trial Court, wherefrom, it is

evident that P.W.2, namely, Sitamuni Kumari has supported the

prosecution version by making deposition that she had seen the

appellant fleeing away from the place of occurrence and when

she has reached there, she has found the body of her father in

the pool of blood. It further appears from the material available

on record that the knife was recovered on confession made by

the appellant.

6. The testimony of P.W.2 and P.W.4 and the confessional

statement of the appellant, basis upon which, the recovery has

been made as also the injury is being supported by the evidence

of Doctor, therefore, this Court is of the view that it is not a fit

case where the sentence is to be suspended.

7. Accordingly, I.A. No.785 of 2023 is hereby, dismissed.

8. 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.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.) Rohit/-