Lal Chandra Hembram @ Hembrom And ... vs The State Of Jharkhand
2023 Latest Caselaw 1795 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI

                      Cr. Appeal (DB) No. 326 of 2023
                                     With
                             I.A. No. 2463 of 2023
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Lal Chandra Hembram @ Hembrom and Ors. ....... Appellants

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 Appellants : Mr. Pankaj Kumar Choudhary, Advocate For the Respondent : Mr. Pankaj Kr. Mishra, APP

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th 04/Dated: 27 April, 2023

Heard learned counsel for the parties.

Admit.

Issue notice.

Call for the Lower Court Records.

I.A. No. 2463 of 2023:

Learned counsel for the appellant in the presence of learned counsel for the respondent-State, has pressed this interlocutory application filed under Section 389(1) of Cr.P.C. seeking therein suspension of sentence in connection with Sessions Trial No. 06 of 2021, by which the appellants have been convicted for offence committed under Section 304-B/34 of I.P.C. and sentenced to undergo rigorous imprisonment for ten years.

Learned counsel for the appellant has submitted that the applicants herein, namely, Lakhiram Manjhi and Sanjoti Devi are father-in-law and mother-in-law of the deceased and there is no specific allegation levelled against them with respect to the demand of dowry and involvement in the commission of crime.

It has been contended that both the applicants were living separately with their son and daughter-in-law, deceased, as has come in the testimony of the defence witnesses as taken note by the learned trial court.

This Court, considering the aforesaid submission and taking into consideration the mandate of first proviso to Section 389 of the Cr.P.C. coupled with the judgment rendered by the Hon'ble Apex Court in Somesh Chaurasia vs. State of M.P. and Anr., 2021 SCC OnLine SC 480, is calling upon the State to file objection, if any, to explain as to why the sentence inflicted upon these two applicants be not kept in abeyance.

Let such objection, if any, be filed on or before the next of date of hearing.

Let this matter be listed on 18.05.2023.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.)

Saurabh/-