Mukhi Shringari @ Mukhilal ... vs The State Of Jharkhand
2023 Latest Caselaw 1060 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI

                         Cr. Appeal (DB) No. 56 of 2023
                                         With
                                 I.A. No.497 of 2023
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Mukhi Shringari @ Mukhilal Shringari @ Mukhi Sringari ....... Appellant 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 Appellant : Mr. A.K. Kashyap, Advocate For the Respondent : Mr. Ravi Prakash, Spl. PP

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nd 04/Dated: 02 March, 2023

I.A. No. 497 of 2023:

The instant application has been filed under Section 389(1) of Cr.P.C. seeking therein suspension of sentence in connection with Sessions Trial No. 108 of 2012, by which the appellant has been convicted for offence committed under Sections 302/34 and 448/34 of I.P.C. and sentenced to undergo imprisonment for life for the offence under Section 302/34 alongwith fine of Rs.5,000/- and in default of payment of fine, was further directed to undergo rigorous imprisonment for one year and under Section 448/34 of I.P.C. was directed to pay fine of Rs.1,000/- and in default of payment of fine, was further directed to undergo simple imprisonment for 10 days.

Mr. A.K. Kashyap, learned counsel for the appellant has submitted that it is not a case where the conviction is based upon the pre-meditation rather in heat of the moment, the occurrence took place.

Further submission has been made that one other co-accused, namely, Ms. Subhadra Devi, against whom same allegation has been levelled but she has been prosecuted only under Section 323/34 and 448/34 of I.P.C.

Submission has been made that against this appellant, allegation is of having wood and he has only given call to his sons who were juvenile at that time and occurrence took place.

This Court, after having heard the learned counsel for the appellant/applicant 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 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 23.03.2023.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.)

Saurabh/-