Calcutta High Court (Appellete Side)
An Application Under Section 389 Of The ... vs Unknown on 22 February, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 75 22.02.2017
sm CRA 484 of 2016 + CRAN 3384 of 2016 In the matter of : An application under section 389 of the Code of Criminal Procedure, 1973 In Re:- Kaila Shankar & Ors. .. Appellants. Mr.Debasish Roy Mr.Nilendra Narayan Das .. for the Appellants.
Mr.Saswata Gopal Mukherlee, Ld.PP Mr.Anand Keshri . .. for the State.
Total 13 accused persons were placed under trial to answer the charges for the offence punishable under sections 302/34/120B of the Indian Penal Code.
At the end, why these four (4) appellants have been convicted under sections 302/34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine with default clause, the other co-accuseds were acquitted.
In this appeal, four (4) convicts challenged the order of conviction and sentence.
After the appeal being admitted with leave granted by this court admitting the appeal, have approached this court for suspension of sentence.
2The appellant nos.1 and 2 are the parents of the appellant nos.3 and 4. They are aged about 79 and 75 years respectively as have been pointed out by the learned advocate for the appellants and not disputed by the learned advocate for the State.
Going through the impugned judgement and depositions of the witnesses, we find that the prosecution case hinges on the evidence of PW 4. She is the most vital witness of the case.
Now, on meticulous consideration of her evidence, while we allow the prayer for suspension of sentence of the appellant nos.1 and 2 (Kalia Shankar and Chandra Maya Shankar), the same in respect of the appellant nos.3 and 4 (Bijoy Shankar and Prakash Shankar) stands rejected.
Be it noted that we have given an opportunity to the learned advocate for the State to file written objection in the light of the decision of Atul Tripathi vs. State of UP, reported in (2014) 4 SCC
177. However, he declined to file the same and submits that it would be enough for him to argue this case on the basis of the merit already on record.
3
During the pendency of hearing of appeal, the order of execution of sentence against the appellant nos.1 and 2 (Kalia Shankar and Chandra Maya Shankar) be suspended and they shall be released on bail to the satisfaction of the learned Chief Judicial Magistrate, Darjeeling upon furnishing a Bond of Rs.20,000/- each, with two sureties of Rs.10,000/- each, one of whom must be local.
Office is directed to prepare the paper book within six (6) months from this date and as soon as the preparation of the paper book will be completed and the appeal shall be ready for hearing, the same shall be listed for hearing before the appropriate Bench.
(Ashim Kumar Roy, J.) (Debi Prosad Dey, J.) 4