GOVIND RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has already been admitted by order dated 28th February, 2013 and the records and proceedings of Sessions Trial No. 291 of 2009 was called for from the trial court, so as to appreciate the argument for suspension of sentence.

(2.) This Court has received the records and proceedings of Sessions Trial No. 291 of 2009. We have perused the same and heard the counsel for both the sides at length for suspension of sentence under Section 389 of the Cr.P.C.

(3.) Having heard the counsel for both the sides and looking to the evidences of record, there is a prima facie case against these appellants. As the criminal appeal is pending, we are not analising the evidences on record, but, suffice it to say that looking to the evidences given by P.Ws 4 and 5, there is a prima facie case against these appellants accused. The incident has taken place during the night hours between 8th and 9th August, 2009. The wife of theAppellant No.2 was burnt during the night hours in the house of Appellant No.2, whereas Appellant No.1 was also residing. Looking to the evidences of P.Ws 4 and 5, there is a prima facie case against these appellants. Marriage was solemnized in the year 2007. Even, looking to the evidences of hostile eyewitnesses, who are P.Ws 6 and 7, they have also pointed out several facts against these appellants. Moreover, looking to the evidence given by P.W. 8, who is the investigating officer as well as the evidence given by P.W. 1, who is Dr. C.P. Sinha, it is pointed out that there was hundred percent burn injuries upon the body of the deceased.