PANCHAM SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This interlocutory application has been preferred under Section 389 of the Code of Criminal Procedure for suspension of sentence, awarded to the applicant (original appellant No. 1 Pancham Singh). This appellant has been convicted in S.T Case No. 23 of 2006 by the Additional Sessions Judge-I, Lohardaga vide judgment of conviction and order of sentence dated 23.7.2012 and 25.7.2012 respectively and this appellant has been mainly punished for the offence punishable under secretion 302 of the Indian Penal Code to be read with section 34 thereof. Moreover, this appellant has also been convicted under other sections of the Indian Penal Code and all the sentences have been ordered to run concurrently.

(2.) Having heard counsel for both the sides and looking to the evidence on record, it appears that there is a prima facie case against the appellant accused. The case of the prosecution is based upon several eye witnesses, who are P.W 1, P.W 2, P.W.4, P.W.7 and P.W.8 and injured eye witness P.W.10. Injury of the injured eye witness P.W. 10 has also been proved by P.W 6, who is Dr. Shailesh Kumar. Looking to the evidence of these eye witnesses including the injured eye witness it appears that they have clearly narrated role played by this appellant-accused in causing murder of the deceased. Their evidence is constituting a prima facie case against this appellant-accused. Medical evidence given by Doctor Ajit Kumar Chowdhury, P. W.13, who has carried out the post mortem on the body of the deceased is corroborative to the deposition of the eye witnesses.

(3.) Much has been argued out by the counsel for the appellant for so-called self-defence, sudden fight and hence, exception to murder and also as to nature of the weapon, loss of livelihood and this appellant is a victim. None of these contentions are accepted by this Court for appreciation of an argument for suspension of sentence, as self-defence etc. can be appreciated by detail dissection of evidences, on record, at the time of final hearing of the Criminal Appeal. At this stage, we are concerned with prima facie case, gravity of the offence and quantum of punishment.