Ayush Dey @ Abhishek Dey @ Abhisek ... vs The State Of Jharkhand
2023 Latest Caselaw 2663 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr. Appeal (S.J.) No. 334 of 2023
        1. Ayush Dey @ Abhishek Dey @ Abhisek Dev.
        2. Usha Dey.                              .... ...Appellants
                                Versus
         The State of Jharkhand                   .... ...Respondent
                              --------

CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

For the Appellants : Mr. Shailesh Kumar Singh, Advocate For the State : Mr. Satish Prasad, A.P.P.

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03/ 07.08.2023

I.A.No. 5888 of 2023

The instant Interlocutory Application is for

suspension of sentence during the pendency of this appeal and

also to release the appellants on bail.

2. This Cr. Appeal has been preferred on behalf of the

appellants against the Judgment of conviction dated

28.03.2023 and sentence dated 31.03.2023 passed by the

Special Judge (FTC) (CAW), East Singhbhum at Jamshedpur in

S.T.No.104 of 2022, arising out of Golmuri P.S. Case No. 37 of

2021 under Section 306/498A/34 of the Indian Penal Code

whereby the maximum sentence awarded for the offence under

Section 306/34 I.P.C.

3. The learned Counsel for the appellants has

submitted that the impugned Judgment of conviction is based

on a suicide note and in the suicide note even there is no

allegation in regard to subjecting her to cruelty for any demand

of dowry or any unlawful demand. Accordingly contended to

allow this Interlocutory Application and to suspend the

sentence releasing the appellants on bail during pendency of

the appeal.

4. The learned A.P.P. opposed the contention made by

the learned Counsel for the appellants and contended that the

informant and other witnesses have supported the prosecution

story and have stated that the deceased was subjected to

cruelty for the demand of dowry and unlawful demand as well

and in suicide note the deceased was aggrieved from the

conduct of the appellants and committed suicide. As such the

impugned order passed by the court below needs no

interference and consequently it is not a fit case for suspension

of sentence.

5. As per prosecution version the written information

was lodged by Atyendra Kumar Tiwari with these allegations

that his daughter Shikha was married with Ayush Dey in the

year 2019. It was a love marriage. After marriage his daughter

was ill-treated and tortured by her husband and other in-laws.

Aggrieved from the conduct of them his daughter had made

complaint over the phone in the year 2020 and he brought to

his daughter to his house. Again she was sent to matrimonial

house after assurance. She also gave a birth to a female baby.

On 08.03.2021 the informant received information that his

daughter had hanged herself in the matrimonial house. He

reached to the in-laws house of his daughter and found injuries

on her person and blood was also oozing from her mouth.

6. On behalf of prosecution to prove its case had been

examined 12 witnesses. Though P.W.2 Atyendra Kumar Tiwari

has supported the prosecution story yet P.W.1 Ritikesh Tiwary,

P.W.8 Ankita Kumari, P.W.9 Arvind Tiwary, P.W. 10 Brajesh

Kumar Tiwary all are the hearsay witnesses. P.W.5 Chandan

Kumar and P.W.6 Hansraj Prasad have turned hostile. P.W.11

Kamu Paswan is the first I.O. he found the deceased Shikha

Kumari hanging with Sari by the fan and a suicide note was

also found on the rack corner of the house which was alleged to

be written by the said deceased and after getting down the dead

body of the deceased, inquest report was also prepared. Suicide

note was seized and P.W. 12 Bishnu Rajak got the writing of the

suicide note compared with the handwriting of the deceased

from her diary. As per expert opinion handwriting of the suicide

note was matched with the admitted handwriting of the

deceased.

7. From the impugned Judgment, it is found that the

conviction is based on the suicide note and in the suicide note

there is no allegations made in regard to any demand of dowry

or subjecting her to cruelty for non-fulfilment of the same.

Though the deceased had shown the grievance against the

conduct of the appellants yet there is no evidence in regard to

abetting her to commit suicide.

8. In view of the submissions made by the learned

Counsel for the appellants and also the learned A.P.P. on behalf

of the State and the finding which is recorded by the learned

trial court while convicting the appellants it is a fit case for

suspension of sentence. Accordingly the I.A.No. 5888 of 2023 is

allowed. The sentence passed by the court-below shall remain

in abeyance during the pendency of this Cr. Appeal.

9. In consequence thereof, the appellants are directed

to be released on bail, during the pendency of this Cr. Appeal,

on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five

Thousand) each with two sureties of the like amount each to the

satisfaction of the Special Judge (FTC) (CAW), East Singhbhum

at Jamshedpur in S.T.No.104 of 2022, arising out of Golmuri

P.S. Case No. 37 of 2021.

10. In view thereof, I.A.No. 5888 of 2023 is disposed of.

11. It is made clear that any observation made in this I.A.

shall not prejudice the merits of the appeal which is yet to be

heard.

Cr. Appeal (S.J.) No. 334 of 2023

Admit.

Let the record of learned court-below be called for.

List this Cr. Appeal for hearing as per seriatim.

(Subhash Chand, J.) P.K.S.