Jharkhand High Court
Birju Bhuiyan vs The State Of Jharkhand on 28 October, 2024
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 1228 of 2024
With
I.A. No. 9765 of 2024
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Birju Bhuiyan, aged about 60 years, son of Panchal Bhuiyan,
resident of Mauza Napa, P.O. & P.S. Giddi, District Hazaribag,
Jharkhand ... ... 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. Prabhat Singh, Advocate
For the Respondent : Mr. Shailendra Kumar Tiwari, APP
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th
03/Dated: 28 October, 2024
I.A. No. 9765 of 2024:
1. The instant interlocutory application has been filed on behalf of
appellant under section 430(1) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 for suspension of sentence in connection with the
judgment of conviction dated 05.02.2024 and the order of sentence
dated 19.02.2024 passed by the learned Additional Sessions Judge-
VI-cum- Special Judge C.A.W., Hazaribag in Sessions Trial
No.301 of 2021, whereby and whereunder, the appellant has been
convicted under Section 302 of the Indian Penal Code and
sentenced to undergo rigorous imprisonment of life and fine of
Rs.10,000/- and, in default of payment of fine, he was further
directed to undergo SI for two months.
2. It has been contended by the learned counsel for the appellant that it
is a case where the prosecution has not been able to prove the
charge beyond all reasonable doubt since none of the witnesses has
corroborated the prosecution version.
It has further been contended that the FIR has been
instituted after lapse of three days that too without any prior
information.
3. Learned counsel for the appellant, based upon the aforesaid ground,
has submitted that it is a fit case for suspension of sentence
4. While on the other hand, Mr. Shailendra Kumar Tiwari, learned
Additional Public Prosecutor appearing for the respondent-State has
vehemently opposed the prayer for suspension of sentence.
5. It has been contended that it is a case where the informant who
succumbed to injury had narrated the entire prosecution version
based upon that the FIR was instituted after her death.
The prosecution has fully been able to prove the charge as
would appear from the testimony of P.W.-3, who was doing the
brickkiln work along with the deceased wife and in course thereof,
the appellant has come inside the house and assaulted the deceased
along with P.W.-3. The submission, therefore, has been made that it
is the case based upon the testimony of the eyewitness and, as such,
it is not a fit case where the sentence is to be suspended.
6. We have heard the learned counsel for the parties and gone across
the findings recorded by the learned Trial Court in the impugned
judgment and have found from the material available in the Lower
Court Records, it has also considered in the impugned judgment
that the FIR was instituted on the written report made by the
deceased who has stated before the police in the injured condition
about the complicity of the present appellant. The informant died
after lapse of two days. The P.W.-3 who is the husband was all
along with the deceased in the very hut where the incident took
place and as such, he has been considered to be the eyewitness.
7. The learned counsel appearing on behalf of the appellant has taken
the ground of lodging of the FIR after delay, but as would appear
from the testimony of the P.W.-3 wherein the cause of non-
instituting the FIR has been shown to be the pandemic COVID-19.
8. This Court, considering the aforesaid fact is of the view that since it
is a case of direct evidence of assault upon the deceased and as
such, is of the view that it is not a case where the sentence is to be
suspended.
9. Accordingly, I.A. No. 9765 of 2024 stands dismissed.
10. It is made clear that any observation made hereinabove will not
prejudice the case on merit, since, this criminal appeal is lying
pending before this Court for its consideration.
(Sujit Narayan Prasad, J.)
(Subhash Chand, J.)
Madhav/ Rashmi/-
