Jharkhand High Court
Imamul Haque vs The State Of Jharkhand on 30 November, 2023
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 542 of 2023
1. Imamul Haque
2. Zabida Khatoon @ Zabita Khatoon
3. Ehteshamul Haque @ Ehtashamul Haque ... Appellants
-Versus-
The State of Jharkhand ... ... Respondent
CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Appellants :- Mr. Anil Kr. Sinha, Advocate
For the State :- Mrs. Kumari Rashmi, APP
...
05/30.11.2023: IA No. 8435 of 2023
Heard the learned counsel for the appellants as well as the learned
counsel for the State on the interlocutory application filed by the appellants for
suspension of sentence during the pendency of this criminal appeal.
This criminal appeal was directed against the judgment of conviction
dated 26.07.2023 and the order of sentence dated 02.08.2023, passed by the
learned Additional Sessions Judge-IV, Giridih in ST No. 242 of 2007, whereby
and whereunder, the appellants have been convicted under section 306 of the
Indian Penal Code read with section 34 of the Indian Penal Code and under
section 498-A of the Indian Penal Code read with section 34 of the Indian
Penal Code and sentenced to undergo RI for 04 years and fine of Rs.5,000/-,
for the offence under section 306 of the Indian Penal Code read with section 34
of the Indian Penal Code and SI for 02 years and fine of Rs.1000/-, for the
offence under section 498-A of the Indian Penal Code read with section 34 of
the Indian Penal Code. In default of payment of fine, they shall undergo further
SI for 03 months. Both sentences shall run concurrently.
The learned counsel for the appellants has submitted that there are
eight prosecution witnesses. The learned counsel has further submitted that
PW-1 to PW-6 are basically family members or the interested witnesses, PW-7
is the Doctor and PW-8 is the Investigating Officer. The learned counsel has
further submitted that basically PW-1 to PW-6, who are the family members or
the interested witnesses, have supported the case of the prosecution. The
learned counsel has further submitted that the evidence of the Investigating
Officer is totally ignored by the learned Court-below in arriving at the
conclusion of the conviction. The learned counsel has further submitted that
the deceased was found in a confined room that was closed ,which was broken
into, therefore, it is clearly a case of her own doing for suicide for which
current appellants are not to be blamed. The learned counsel has pointed out to
the deposition of the Investigating Officer and has submitted that he had
examined both the bodies of both the deceased and he had not seen any
external injury. He had examined the inquest report and had not found any
indication of any external injury. This witness has further deposed that he has
taken the statement of the independent witnesses, who have stated that they
found the door closed from inside. The learned counsel has further submitted
that in the FIR there is no indication of money being demanded and neither
there is indication of harassment by these appellants. The learned counsel has
also taken the statement of PW-1 Md. Israr, who is the brother of the deceased.
This witness has not said that if Rs.50,000/- was not given to the accused
persons-appellants then he would loose his sister. This witness has also not all
told about the injuries on the body or the neck was pressed, therefore, the
learned counsel has submitted that statement of Md. Israr does not support the
prosecution case. The learned counsel has further referred to the deposition of
the Investigating Officer wherein he has said that he had taken the statement of
PW-2 Kasiran Bano wherein she has also not said about any indication of
needle in the body of the child. She has also not said about the in-laws'
assaulting or demanding Rs.50,000/-. Therefore, the learned counsel has
pointed out to the deposition of the Investigating Officer and has submitted that
statement of PW-2 Kasiran Bano during investigation also does not support the
prosecution case. The learned counsel has further submitted that there are
inconsistencies or contradictions in the statement of the crucial witnesses. The
learned counsel has further submitted that the appellants were all along on bail
during trial and never misused the privilege of bail. Therefore, the appellants
may be granted suspension of sentence, during pendency of this criminal
appeal.
Learned counsel for the State has opposed this interlocutory
application for suspension of sentence, during pendency of this criminal
appeal. The learned counsel has pointed out from the evidence of PW-1, who is
the brother of the deceased and has submitted that Rs.50,000/- was demanded,
for which, harassment was also made. The learned counsel has further
submitted that it was informed by one Khurshid that Saheda Khatoon and his
son have been murdered by giving poison. The learned counsel has further
submitted that husband of Saheda Khatoon had demanded Rs.50,000/- but only
Rs.6000/- was given to him. The remaining amount could not be given,
therefore, her matrimonial relatives were torturing her physically.
Having gone through the records of the case, considering the
arguments advanced by the learned counsel for the parties and in the facts and
circumstances of the case, I am inclined to suspend the sentence of the
appellants, named above, during pendency of this criminal appeal, and
accordingly, the appellants, named above, are ordered to be released on bail,
during pendency of this criminal appeal, on executing bail bonds of Rs.
25,000/- (Rupees Twenty Five Thousand only) each with two sureties of the
like amount each to the satisfaction of the learned Additional Sessions Judge-
IV, Giridih in ST No. 242 of 2007, subject to the conditions that (i) the
appellants will submit self-attested photocopy of their Aadhaar Cards and
also submit their mobile numbers before the learned Court below which
they will always keep active and will not change it during pendency of this
case without prior permission of the Court.
Accordingly, IA No. 8435 of 2023 stands disposed of.
S.B. (Ratnaker Bhengra, J.)
