Patna High Court - Orders
Sujeet Tanti vs The State Of Bihar on 24 August, 2023
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.504 of 2021
Arising Out of PS. Case No.-146 Year-2018 Thana- SAHEBPUR KAMAL District-
Begusarai
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Sujeet Tanti, male, aged about 26 years, Son of Late Munna Tanti @ Late
Munna Das, Resident of Village - Sanha, P.S.- Sahebpur Kamal, District -
Begusarai.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Vikram Deo Singh, Adv.
For the State : Mr. D.K. Sinha, APP
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
3 24-08-2023Heard the learned counsel for the parties.
2. This appeal is directed against the judgment of conviction and order of sentence dated 15.04.2021 and 20.04.2021 respectively, passed by the learned Addl. District Judge-XII, Begusarai in Sessions Trial No. Patna High Court CR. APP (DB) No.504 of 2021(3) dt.24-08-2023 2/4 70 of 2019, arising out of Sahebpur Kamal P.S. Case No. 146 of 2018, whereby the appellant has been convicted under Section 302 of the I.P.C. and has been sentenced to undergo imprisonment for life, to pay a fine of Rs. 5000/- and in default of payment of fine, to further suffer R.I. for three months.
3. The appellant, who is the husband of the deceased, seeks suspension of sentence during the pendency of the appeal.
4. The appellant and his family members are said to have killed the deceased for non-fulfillment of fifty thousand rupees. The case, initially, lodged under Section 304 (B) of the I.P.C., but the charge-sheet was submitted under Section 302 of I.P.C. and the appellant has also been convicted under Section 302 of the I.P.C.
5. Mr. Vikram Deo Singh, the learned Advocate for the appellant has submitted that he has remained in jail for about five years against an evidence which is incomplete in the sense that no case has been made out Patna High Court CR. APP (DB) No.504 of 2021(3) dt.24-08-2023 3/4 against the appellant of having killed his wife. The appellant has claimed alibi and has stated that at the time of the occurrence i.e. when the deceased had died, he was at Sikkim working as a tile's mason.
6. Apart from this, it has been submitted that the I.O of this case has admitted in his cross- examination that at the place of occurrence, near the dead body, a suicide note was recovered, but he has not investigated on the afore-noted suicide note.
7. The appellant had a very different story to narrate with respect to the factors which led the deceased to commit suicide.
8. However, we do not find anything of that kind on record for us to rely upon, for the present, the statement of the defence witnesses in that regard.
9. The deceased appears to have died of strangulation. The ligature mark on a neck is regular and circular suggesting strangulation causing homicidal death rather than self hanging.
Patna High Court CR. APP (DB) No.504 of 2021(3) dt.24-08-2023 4/4
10. We have not been persuaded thus for suspending the sentence of the appellant for the present.
11. The prayer is, accordingly, rejected.
(Ashutosh Kumar, J)
(Alok Kumar Pandey, J)
Mayank/PraveenII
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