KALAWATI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Interlocutory Application has been preferred under Section 389 of Code of Criminal Procedure for suspension of sentence awarded to this appellant by Sessions Judge, Lohardaga, in Sessions Trial No.55 of 2003. By the order of conviction and sentence dated 18th August, 2012 and 28th August, 2013 respectively, this appellant has been mainly convicted for an offence punishable under Section 302 of the Indian Penal Code to be read with Section 34 thereof, for life imprisonment and fine of Rs.10,000/- and in case of default, further simple imprisonment for six months.

(2.) As the Criminal Appeal is pending, we are not much analyzing the evidences on record, but, suffice it to say that there is a prima facie case against this appellant-accused. Earlier also, prayer for suspension of sentence of this appellant was rejected by detailed speaking order dated 17th January, 2013 as well as vide order dated 20th August, 2016 in I.A. No.7546 of 2013.

(3.) The case of the prosecution is based upon the eye-witness. Murder of wife of co-accused has been committed with the help of this appellant. PW.3 is an eye-witness of the incident, who has clearly narrated the role played by this appellant-accused. Medical evidences given by PW.12 are corroborative to the evidence given by the eye-witness. Evidences given by other prosecution witnesses including the Investigating Officer (PW. 13) are also corroborative to the evidence given by eyewitness PW.3. Prima facie, they have proved the place of occurrence, the time of occurrence, the manner in which the occurrence has taken place and, there are as many as five injuries upon the body of the deceased as per the post-mortem note. After rejection of the earlier prayer for suspension of sentence twice, this is a 3rd attempt, without any change of fact, except efflux of time.