IN RE Vs. ANUPAM GHOSH

JUDGEMENT

(1.) Cran 1168 of 2018 is an application for suspension of sentence at the instance of the appellant, who has been sentenced to imprisonment for life for commission of offence punishable under Section 302, IPC.

(2.) It is submitted by the learned senior counsel appearing on behalf of the appellant that the victim had committed suicide and such event is corroborated by the post mortem report of the doctor (P.W. 15) along with his deposition before the Court. It is further submitted that the prosecution sought to drive home the charge against the appellant based on circumstantial evidence but the chain of circumstances snapped as a result whereof no reasonable person would arrive at the conclusion that the offence has been proved. Several witnesses for the prosecution including P.W. 12 did not support the prosecution case, yet, was not declared hostile and, therefore, the findings returned suffer from perversity. It is also submitted that the appellant was on bail during trial for about 14 years and did not misuse his liberty in any manner whatsoever.

(3.) Learned Additional Public Prosecutor appearing for the State opposes the prayer for bail. He first submits that the appellant secured bail two years after his arrest. Secondly, he has invited our attention to the injury sustained by the victim on the vertex as well as vomiting signs with is suggestive of the victim having been struck on the head. Thirdly, reference has been made to examination of the appellant under Section 313, Criminal Procedure Code and particularly question no. 15 in respect of the evidence of P.W. 17, when the appellant maintained silence. Finally, certain photographs which were clicked at the time of inquest were placed before us in support of the contention that it was homicide and not suicide. He, therefore, submits that the finding of homicidal death is correct and without doubt, the appellant had committed the criminal act for which he has rightly been punished.