GOVIND ALIAS BIGHAWA Vs. STATE OF C G

JUDGEMENT

(1.) APPLICATION for urgent hearing is allowed. Heard on M.(Cr.)P. No. 867/2005 for suspension of sentence and grant of bail to the appellant. The appellant has been convicted for the offence under Section 302 of I.P.C. and sentenced to Imprisonment for Life with fine or Rs. 500/- in default of payment of fine further R.I. for one month. Briefly stated the prosecution story is that on 10-6-2004 at about 5.00 P.M. deceased Lalita and her sister Anita were in their house. P.W. 2 Kamini Bai had gone to take water. Their father, other sisters and brother were also not there in the house. At that time accused Sukwara called deceased Lalita then she went to her house and in the house accused appellant Govind put vermilion on her forehead. When she was running away, accused appellant Govind caught hold of her and burnt her by pouring kerosene on her body and accused Sukwara also beat and abused her. Then the deceased ran away towards her house and fell on the courtyard.

(2.) LEARNED counsel for the appellant contended that deceased Lalita and accused/appellant Govind were in love and since her marriage was settled to some other person, she set herself on fire. In this connection he referred to para 2 of the statement of P.W.3 Chandrabhan. Which is to the effect that when having noticed, he reached to the spot and found that none was talking to the girl then some one said that she started talking. He further stated that then he enquired from the girl as to how she is burnt. She stated that she cannot live without Govind and therefore she is burning. She was taken to Police Station. The version has come in examination-in-chief. This witness has not been declared hostile. Counsel contended that though Laine Bai has not been examined but the factum of her version is there in para 29 of the statement of P.W.11 Investigating Officer. Having considered the facts and circumstances of the case and material on record, the application is allowed. It is directed that the execution of the jail sentence imposed on appellant shall remain suspended till the disposal of this appeal and he be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the trial court concerned for his appearance before the Registry of this Court on 22-12-2005 and on such other dates as are directed. The bond shall contain photographs, crime number and the details of the movable and immovable properties of appellant. Before accepting the bond copy of the same shall be handed over to the prosecution. Accordingly, M.(Cri) P.No.867/2005 stands disposed of. Application Allowed.