ISRAIL ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been preferred by the present appellant (original accused No.2 in Sessions Trial No.170 of 2008). The appellant has been convicted in Sessions Trial No.170 of 2008, by Additional Sessions Judge, Fast Track Court (I) Garhwa for life imprisonment for causing murder of the deceased for the offence punishable under Sec. 302 I.P.C. read with Sec. 34 thereof.

(2.) We have perused the evidences on record and the proceedings of the Sessions Trial and heard the counsels of both the sides. Looking to the evidences on record, there is a prima facie case in favour of this appellant. As the criminal appeal is pending, we are not much analyzing the evidences on record, but suffice it to say that the P.W. No.3, 5 and 8 are the witnesses upon whom much reliance is placed by the prosecution side. We have perused their deposition and looking to their deposition and also looking to the depositions given by the P.W. 11 and other prosecution witnesses and also looking to the other evidences on record, it appears that prima facie their deposition is not inspiring confidence. The arguments have been canvassed in detail that in fact these witnesses are not eye witness at all. They are also not trustworthy even as per their deposition arrived at by the learned trial court as narrated in several paragraphs of the judgment. The incident had taken place at 4:30 a.m. in the month of Dec. winter season, and what all of them were doing at that time and how they have seen the faces in a dark night and on the basis of this doubtful situation, out of total accused, 11 have been acquitted.

(3.) As the criminal appeal is pending, we are not much analyzing the evidences on record, but suffice it to say that looking of the evidence of P.W. 3,5 and 8 and looking to other evidences on record, there is a prima facie case in favour of this appellant. We, therefore, suspend the sentence awarded to the appellant namely Israil Ansari, by the Additional Sessions Judge, Fast Track Court (I)Garhwa, upon execution of bail bond of Rs. 10,000.00 (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the trial court (Additional Sessions Judge, Fast Track Court (I)Garhwa) in connection with Sessions Trial Case No.170 of 2008, arising out of Garhwa P.S. Case No.280 of 2007, and also on the condition that he shall be available in this Court as and when his presence is required by this Court and he shall not misuse the liberty granted by this Court.