Ruchung Khandait vs The State Of Jharkhand
2023 Latest Caselaw 2029 Jhar

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   IN THE HIGH COURT OF JHARKHAND AT RANCHI
               Cr. Appeal (DB) No.459 of 2023
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Ruchung Khandait                 ...   ...     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. Mayank Mohit Sinha, Advocate For the Respondent : Mr. V.S. Sahay, A.P.P.

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th Order No. 04 : Dated 10 May, 2023

I.A. No. 3142 of 2023

The appeal has been admitted for hearing and Lower

Court Records have been received.

The instant interlocutory application has been filed

under Section 389(1) of the Code of Criminal Procedure on

behalf of appellant, named above, for grant of bail during the

pendency of the instant appeal after suspending the

impugned order of sentence dated 18.11.2022 passed by the

learned Sessions Judge, Chaibasa in Session Trial No. 83 of

2020 corresponding to G.R. No. 185 of 2020 [Tonto P.S. Case

No. 37 of 2019], whereby and whereunder the appellant has

been convicted for the offence under Section 302 of the

Indian Penal Code to undergo imprisonment for life and fine

of Rs. 10,000/-, in default of payment of fine he shall have to

undergo SI for six months.

Learned counsel for the appellant has submitted that it

would be evident from the judgment of conviction and order

of sentence that it is based upon the testimony of P.W. 3, who

happens to be wife of the deceased but it would be evident

from her testimony as recorded at paragraph 11 of her cross-

examination that she has said in specific term that she has

not seen who has assaulted her husband. Further contention

has been raised that all other witnesses are the hearsay

witness as also the place of occurrence is not established

since the Investigating Officer has not ascertained the place

of occurrence so as to prove the complicity of appellant that

the death has occurred in the courtyard situated in the house

of the appellant. Further, although on the basis of confession

made by the appellant Tangi (Axe) had been recovered and

was sent for its examination to Forensic Science Laboratory

but as would appear from Exhibit P/8 that there was no

blood stain found in the aforesaid Tangi (Axe).

Learned counsel for the appellant on the basis of

aforesaid ground has submitted that it is a case where so

many discrepancies are in the judgment, hence, it is a fit case

where sentence inflicted upon the appellant is required to be

suspended.

This Court, after considering the aforesaid submission

advanced on behalf of appellant is calling upon the State to

file objection as to why sentenced inflicted upon the appellant

be not suspended.

Let such objection, by way of affidavit, if any, be filed on

or before the next date of hearing.

List this case on 14th June, 2023.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.) Alankar/