Jharkhand High Court
Arun Kumar Sao @ Arun Kumar vs The State Of Jharkhand on 19 July, 2018
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.Appeal (DB) No. 2034 of 2017
.....
Arun Kumar Sao @ Arun Kumar --- ---- Appellant
Versus
1. The State of Jharkhand
2. Purushotam Prasad ------ Respondents
---
CORAM:The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice Ratnaker Bhengra
----
For the Appellant : Mr. B.M. Tripathi, Sr. Adv.
Ms. Nutan Kumari Sharma, Adv.
For the State : Mr. Pankaj Kumar, A.P.P.
For the Respondent No.2 : Mr. Amit Kumar, Adv.
----
06/19.07.2018 Heard learned senior counsel for the appellant, learned A.P.P.
and the learned counsel representing the informant on the prayer for suspension of sentence made through I.A. No. 5328/2018.
The appellant stands convicted for the offence under Section 304B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years by the impugned judgment dated 12th September 2017/16th September 2017 rendered by the learned Sessions Judge, Ramgarh.
Learned senior counsel for the appellant submits that the evidence on record read with the statement of the Investigating Officer P.W.9 shows that there was apprehension of illicit relationship of the appellant with his elder sister-in-law. The statement of the accused/appellant under Section 313 Cr.P.C. also lends support to this theory and that there was some scuffle between the spouses which his mother tried to pacify and thereafter the deceased slept in a separate room. She was found hanging from the ceiling fan in the next morning. The ingredients of Section 304B of I.P.C. of having caused death of the victim lady on demands of dowry and torture soon before her death, therefore do not stand substantiated. The learned Sessions Judge therefore considered it proper to impose a proportionate sentence of 10 years only upon the accused/appellant herein. The appellant has remained in custody for more than five years since his arrest on 25 th June 2013 and there are no chances of the appeal being heard at an early date. As such he may be granted the concession of suspension of sentence.
Learned counsel for the learned A.P.P. and the Informant have -2- opposed the prayer. It is submitted that marriage took place on 24th June 2012 and the lady died on 24th June 2013 exactly one year after the marriage. The informant father in his statement has clearly proved the demand of dowry and assault upon her soon before her death. On 23rd June 2013 the appellant took the daughter of the informant to their quarters at Ghato and assaulted her. On 24th June 2013 she was killed having found dead by hanging. The evidence of the informant is supported by P.W.3 mother of the deceased, P.W.1 her maternal uncle and P.W.2 the uncle. The post-mortem report proved by the Medical Officer P.W.8 also has found a blackish brown ligature mark of ½"
breadth above the thyroid cartilage and incomplete, oblique and directed upwards nature from left to right sub mandibular region with a knot found over the right side of upper neck of size 1" x ½" blackish brown in colour. No other external injury was found on the dead body. In the opinion of the Doctor, death was caused due to asphyxia by hanging. The learned trial court has, therefore, rightly convicted the accused of the charges under Section 304B of I.P.C. He does not deserve concession of suspension of sentence.
We have considered the submissions of learned counsel for the parties and taken note of the relevant material evidence on record as relied upon by them. The victim died within seven years of her marriage in circumstances other than normal. The informant father, her mother and two uncles have supported the prosecution story though the Investigating Officer has, during his cross-examination at length, stated that he came to know that there was relationship of the accused with his elder sister-in-law and for that often scuffle took place between the couple. The post-mortem report also shows death due to asphyxia caused by hanging. However, the appellant has undergone custody for more than half of the sentence awarded by the learned trial court.
Taking all these facts and circumstances into account and that appellant has undergone more than half of the sentence awarded, we are inclined to grant the privilege of suspension of sentence to the appellant during pendency of the appeal. Accordingly, let the appellant- Arun Kumar Sao @ Arun Kumar be released on bail on furnishing bail bonds of Rs.20000/- (rupees twenty thousand) with two sureties of the like amount each, to the satisfaction of learned court of Sessions Judge, Ramgarh in -3- connection with Sessions Trial No.05/2014 arising out of Mandu P.S. Case No.245/2013, corresponding to G.R. No.2095/2013.
I.A. No. 5328/2018 stands disposed of accordingly.
(Aparesh Kumar Singh, J.) (Ratnaker Bhengra, J.) Shamim/