PRASHANT PATI ETC. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the applicants/appellants in Cr. Appeal (D.B) No. 727 of 2017 and Cr. Appeal (D.B) No. 830 of 2017 on the prayer of suspension of sentence made through I. A. No. 3347 of 2017 and I.A. No. 3794 of 2017.

(2.) Both these appellants have been convicted for the offences under Section 302 of Indian Penal Code for life imprisonment with a fine of Rs. 5,000/-. Appellant. Krishna Gope has also been sentenced to undergo rigorous imprisonment for 7 years with a fine of Rs. 5,000/- under Section 27(1) of the Indian Arms Act, 1959. In default of payment of fine, they shall undergo six months additional rigorous imprisonment.

(3.) Learned counsel for the appellants submits that the prosecution witness Nos. 3 and 4 have turned hostile during trial. PW 1, Sambhu Gope is said to be the friend of the deceased. PW 2, Binandani Raju Devi, mother of the deceased, PW 5, Manju Raju, wife of the deceased claim to be the eye-witness. PW 2, as per her deposition, has only heard of the incidence from her daughter-in-law. Statement of PW 5 about presence of the appellant is also unworthy of reliance. The second Investigating Officer of the case has also not been examined. There are vital flaws in the entire prosecution evidence which did not permit the conviction of the accused-appellant for the aforesaid charges. The Medical Officer. PW 8, who conducted the post-mortem on the body of deceased, has opined that injury Nos. Ill, IV, V and VI have been caused by hard mid blunt substance. Death was due to haemorrhage and shock. Therefore, the appellants may be granted the privilege of suspension of sentence during pendency of appeal.