SHEELANAND TIRKEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Through the instant interlocutory application (I.A. No.5431 of 2015) filed in September, 2015 and not taken up on 2/3 occasions either on the request of counsel for the appellant or at one stage on the request of counsel for the complainant -informant, the applicant - appellant is praying for suspension of substantive sentence slapped upon him vide impugned judgment of learned Additional Sessions Judge -V, Garhwa dated 24.02.2015. The conviction recorded is under Section 302 of the Indian Penal Code.

(2.) Mr. Rajiv Ranjan, learned Senior Advocate submits that the deceased in this case is brother -in -law of the appellant (real brother of the wife of the appellant) and the informant in this case is wife of the deceased and the witnesses are brothers -in -law of the deceased (real brother of the first informant).

(3.) Learned senior counsel further submits that occurrence has taken place in the house of the applicant -appellant only where the deceased along with others had come to raise protest on account of a trivial issue ensued some time before the occurrence, which resulted into scuffle between the appellant and the deceased. Learned counsel further submitted that the case set up by the prosecution is that during the said scuffle the applicant -appellant allegedly lifted the firewood lying nearby and gave injuries on the persons of the deceased. Learned counsel submitted that in all the deceased had received three injuries by a blunt weapon (firewood), one injury landed on the vital part of the body (head) causing hemorrhage on account of stroke on occipital region of the deceased, whereas the other two injuries were just superficial in nature, one on the right cheek of the deceased and the second one on the right fore arm of the deceased. Learned senior counsel wanted to impress upon the Court that virtually there is only one injury caused on the person of the deceased which ultimately proved to be fatal as per the doctor of autopsy of the dead body.