Jharkhand High Court
Pawan Singh @ Pawan Kumar Singh Age 27 ... vs The State Of Jharkhand on 1 October, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
Criminal Appeal (S.J.) No.207 of 2024
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Pawan Singh @ Pawan Kumar Singh age 27 years son of Rajendra Singh
resident of Daharbhanga PO and PS Tatijharia District Hazaribagh
.... Appellant(s)
-- Versus --
The State of Jharkhand .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Appellant(s) :- Md. Zaid Ahmed, Advocate
For the State :- Mr. Tarun Kumar, Advocate
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5/01.10.2024 Heard the learned counsel for the appellant and the learned counsel for
the respondent State.
2. This appeal is already admitted and the lower court records are on the
record.
3. I.A. No. 6738 of 2024 has been filed for suspension of sentence during
pendency of this appeal.
4. The learned counsel for the appellant submits that the appellant has
been convicted by the judgment dated 10.01.2024 and order of sentence dated
20.01.2024 passed by learned Additional Sessions Judge-VI- cum Special Judge,
C.A.W, Hazaribagh in connection with Sessions Trial No.456 of 2022 arising out
of Tatijharia P.S Case No.27 of 2022, G.R. No.1958 of 2022, whereby the
appellant has been held guilty for offence under section 304(B) IPC and
sentenced to undergo RI for 7 years and fine of Rs.10,000/- and in default
thereof, to undergo SI for 2 months for offence under section 304(B) IPC.
5. Learned counsel for the appellant submits that in deposition PW-1 and
PW-2 have been declared hostile. He submits that PW-2 is mother of the
deceased has clearly stated in Paragraph no.13 that after 4 to 5 months of
marriage she heard that son in law was putting demand of dowry of rupees one
lac. He submits that PW-6 is sister in law of the deceased who has stated that
1 Criminal Appeal (S.J.) No.207 of 2024
after 4-5 years of marriage the deceased was blessed with two children and
PW6 is the informant and she has stated in paragraph no.12 that Pawan Singh
is a well behaved person who is the appellant and used to keep the deceased in
proper manner and she has further stated that she met with sister in law prior
to alleged occurrence and she found her happy. She further submits that the
cause of the death is not found and the viscera report is not on the record.
6. Learned counsel for the respondent State opposed the prayer for bail on
the ground that the appellant happened to be the husband of the deceased.
7. Considering that the informant herself stated that one day prior to the
incident she found the deceased happy and the cause of death is not known
and the appellant remained in custody for two years and about three months,
I am inclined to suspend the sentence of the appellant, during pendency of this
appeal.
8. Accordingly, the appellant- Pawan Singh @ Pawan Kumar Singh, is,
hereby, directed to be released on bail, during pendency of this appeal, on
furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of
the like amount each, to the satisfaction of learned Additional Sessions Judge-
VI- cum Special Judge, C.A.W, Hazaribagh in connection with Sessions Trial
No.456 of 2022 arising out of Tatijharia P.S Case No.27 of 2022, G.R. No.1958
of 2022.
9. I.A. No.6738 of 2014 stands disposed of.
( Sanjay Kumar Dwivedi, J.)
SI/
2 Criminal Appeal (S.J.) No.207 of 2024
