Patna High Court - Orders
Santosh Kumar Gupta vs The State Of Bihar on 4 April, 2024
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Khatim Reza
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1147 of 2023
Arising Out of PS. Case No.-150 Year-2020 Thana- PHULWARIYA District- Gopalganj
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Santosh Kumar Gupta, Son Of Bhagwan Ji Gupta @ Bhagwan Sah, R/O
Village- Dhanichak, P.S.- Shreepur O.P.( Phulwaria), Dist.- Gopalganj
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate
Ms. Vaishnavi Singh, Advocate
For the Respondent/s : Mr. Abhimanyu Sharma, APP
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
3 04-04-2024We have heard Mr. Ajay Kumar Thakur, the learned Advocate for the appellant and Mr. Abhimanyu Sharma, the learned APP for the State on the issue of suspension of sentence during the pendency of the appeal.
2. The written objection is on record.
3. The appellant has been convicted under Section 302 of the Indian Penal Code, vide judgment Patna High Court CR. APP (DB) No.1147 of 2023(3) dt.04-04-2024 2/5 dated 13.09.2023 passed by the learned Additional District & Sessions Judge-VIII, Gopalganj in Sessions Trial No. 77 of 2022 arising out of Phulwaria (Sreepur O.P.) P.S. Case No. 150 of 2020. By order dated 18.09.2023, he has been sentenced to undergo R.I. for life, to pay a fine of Rs.50,000/- and in default of payment of fine, to further suffer imprisonment for six months for the offence under Section 302 of the IPC.
4. The appellant is the father of the deceased, who is alleged to have stabbed her to death. The reason for the killing is a dispute with his daughter sometimes prior to the occurrence. The appellant is also alleged to have closed the room behind him, which had to be opened with the help of the villagers.
5. With reference to the deposition of the informant, who is the mother of the deceased and wife of the appellant, Mr. Thakur has tried to impress upon the Court that the informant (mother) was not having good equation with her husband, who for all practical Patna High Court CR. APP (DB) No.1147 of 2023(3) dt.04-04-2024 3/5 purposes, had abandoned the family. He was in the business of providing visas to people on cost and for most of the times used to stay away from the family. The mother did not even know when the appellant had come back home and had joined the family. It could be inferred from her deposition that the appellant was an absentee member of the family, who had not supported the family in time of need. Nonetheless, the mother of the deceased has said that all other children were married off with the aid and assistance of the appellant. None of the villagers, who had opened the door, have been examined at the Trial. Out of the blue, the mother of the deceased has spoken about one Abrar Ahmad as the person, who had opened the door which was locked by the appellant after killing his daughter.
6. On the whole set of evidence, Mr. Thakur urges that there are many things amiss in the story which makes the case doubtful. There could be no possible reason for a father to kill his own daughter. Patna High Court CR. APP (DB) No.1147 of 2023(3) dt.04-04-2024 4/5 There is no accusation with respect to any sexual lust or incestual relationship between the father and the daughter.
7. The appellant was arrested after a long time.
8. Had the appellant really committed the crime and would have attempted to run away, he would surely have been caught by the villagers. If the villagers could gather around the house of the informant to open the door, some of them might have caught the appellant as well.
9. But all these inferences are in the realm of imagination.
10. The mother of the deceased is an eyewitness to the occurrence. She has supported the case during the course of Trial. There is no explanation of the appellant also in his statement under Section 313 of Cr.P.C.
11. Considering the nature of accusation Patna High Court CR. APP (DB) No.1147 of 2023(3) dt.04-04-2024 5/5 against the appellant, we are not inclined to suspend the sentence of the appellant, notwithstanding that he is in custody since 04.07.2020.
12. The prayer for suspension of sentence is rejected.
(Ashutosh Kumar, J) (Khatim Reza, J) manoj/praveen-II-
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