Jharkhand High Court
Navin Kumhar vs The State Of Jharkhand on 5 December, 2023
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar, Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No. 366 of 2019
Navin Kumhar ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Appellant : Mr. Sheo Kumar Singh, Advocate
: Mr. R.N. Chatterjee, Advocate
For the Respondent : Mr. Saket Kumar, A.P.P.
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Order No. 08/Dated: 5th December 2023
I.A. No. 5753 of 2023
This is 3rd attempt by the applicant who is the appellant in Criminal
Appeal (DB) No. 366 of 2019.
2. Mr. Sheo Kumar Singh, the learned counsel for the applicant submits
that the applicant is in custody since 18th May 2016.
3. The proceedings in this Criminal Appeal would reveal that on 24th
July 2019, the application for suspension of sentence vide I.A. No. 3841 of
2019 was dismissed by a co-ordinate Bench of this Court. Thereafter, the
second attempt by the applicant seeking suspension of sentence awarded to
him in S.T. No. 377 of 2016 was dismissed on 22nd July 2022 as not
pressed.
4. In S.T. No. 377 of 2016, the applicant faced the trial on the charge
under sections 304-B/34 of the Indian Penal Code - an alternative charge
under sections 302/34 of the Indian Penal Code was also framed against
him. In the trial, the prosecution examined 09 witnesses and laid in
evidence several documents. The victim lady died due to burn injuries five
days thereafter, in the hospital. During the post-mortem examination, the
Doctor has found the victim in pugilistic posture and her both ears, nose,
mouth, neck and whole upper part of the body as well as abdominal area
were found burnt. There were crakes, fissures and blisters present over the
burnt area. The Doctor who conducted the post-mortem examination has
rendered an opinion that the injuries found on the dead body were
antemortem in nature.
2 Cr. Appeal 366 of 2019
5. The Sessions Judge has found sufficient evidence to convict the
applicant for the offence under sections 304-B/34 of the Indian Penal Code
and convicted and sentenced him to imprisonment for life.
6. Mr. Sheo Kumar Singh, the learned counsel for the applicant submits
that it has come on record that the door in which the victim lady suffered
burn injuries was locked from inside and moreover had the applicant this
intention of committing murder of his wife, he would not have taken her to
the hospital. Mr. Sheo Kumar Singh the learned counsel for the applicant
further submits that no evidence has come on record to establish that soon
before her death the victim lady was subjected to harassment and torture in
connection to demand of dowry.
7. On the other hand, Mr. Saket Kumar the learned A.P.P. submits that
whether or not there is any evidence on the aforesaid aspects of the matter
can be examined only during the final hearings of the criminal appeal
particularly for the reason that there is a catena of judgments holding that
the expression "soon before her death" cannot be explained in a straight
jacket formula. He submits that the death has occurred within one and a
half years of the marriage and P.W. 4 has stated in the Court that victim
lady gave her dying declaration while she was being taken to the hospital.
8. Having regard to the aforesaid facts and circumstances of the case,
more particularly, because a co-ordinate Bench of this Court has dismissed
the application on merits by an order dated 24th July 2019, the present
application for suspension of sentence vide I.A. No. 5753 of 2023 is
dismissed.
(Shree Chandrashekhar, J.)
(Anubha Rawat Choudhary, J.)
Binit
