SAWAN MODI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the appellant has renewed the prayer for suspension of sentence of this appellant made through I.A. No. 74 of 2023. This appellant has been convicted by the impugned judgment dtd. 5/3/2019 passed in Sessions Trial No. 78 of 2018 by learned Additional Sessions Judge-II, Bokaro, for the offence punishable under Ss. 304(B)//34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years by the impugned order of sentence dtd. 5/3/2019.

(2.) Learned counsel for the appellant submits that marriage is of the year 2013 and the incident is of 13/11/2017. Informant is the father, P.W. 3 and other prosecution witnesses are related witnesses i.e. P.W. 1, mother and P.W. 2 uncle of the victim and brother of the informant. He submitted that though, the medical officer has in the post mortem report (Exhibit 5), found 100% deep burn but it is a case of suicide as per the deposition of defence witnesses. No other ante-mortem injury has been found apart from the burn injury. Appellant is the husband who has remained in custody for 5 years and 3 months by now i.e. more than half of the custody against the sentence of 10 years imposed upon him. As such, he may be enlarged on bail.

(3.) Learned Spl. PP. and learned counsel for the informant have opposed the prayer and they submit that the appellant is the husband and death has occurred during four years of the marriage in extremely suspicious circumstances with deep burn 100% injury on the person of the deceased. Investigating Officer has also found three liters of kerosene oil in a jerkin at the place of occurrence. As such, the appellant should not be enlarged on bail.