Ashok Kumar Gupta vs State of Jharkhand

I.A. No.8178 of 2019

Heard Mr. Indrajit Sinha, learned counsel appearing on behalf of the appellant.

Heard Mr. Sahilesh, learned counsel appearing on behalf of the informant.

This appeal has been filed for the following relief:

"The appellant prays before this Hon'ble Court for setting aside the judgment dated 20th day of August 2019 and sentence dated 21/08/2019 passed by learned Addl. Sessions Judge - IV, Dhanbad in Sessions Trial No.02/2017 (arising out of Dhansar P.S. Case No.97/2016, G.R. Case No.3146/2016) whereby and where under learned Addl. Sessions Judge - IV, Dhanbad has been pleased to held the appellant guilty and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs.2,000/- for the offence committed u/s 307 IPC. In default of payment of fine, the convict shall further undergo simple imprisonment for two months. Convict Ashok Kumar Gupta is also sentenced to undergo rigorous imprisonment for month for the offence committed u/s 447 IPC. Both the sentences shall run concurrently."

Learned counsel for the appellant submits that the appellant has remained in custody for a period from 20.08.2019 in the instant case. He submits that the appellant has been convicted for a period of 5 years under Section 307 and 447 of Indian Penal Code. The learned counsel further submits that as per the injury report, which was initially submitted by the Doctor, there was no mention about the fact as to whether the injury was simple or not, but subsequently on the basis of one letter issued by the investigation officer, another report was given which was exhibited as Exhibit - 3/1, which has described the wound as penetrating injury. He further submits that the version of the F.I.R and the version of the evidence is materially different, in as much as, in the F.I.R, it has been alleged that the appellant had come with the weapon and had injured the victim, but in the evidence, it has come that the appellant went inside his house after initial incident and then came out with the weapon and injured the victim. Counsel for the appellant further submits that the weapon has not been recovered.

Counsel for the opposite party while opposing the prayer submits that the recovery or no recovery of weapon, has no bearing in this case. The prosecution has been able to prove the case beyond all reasonable doubt that the appellant has assaulted the victim with the weapon namely 'Bhala'.

After hearing the counsel for the parties and considering the facts and circumstances of this case, this Court finds that there are certain material inconsistency in the evidence of the witnesses and the initial injury report which was given by the Doctor was subsequently revised apparently at the instance of the investigation officer. Considering the aforesaid facts and circumstances of this case, the sentence of the appellant is hereby suspended and this Court directs that the appellant be enlarged on bail during the pendency of this appeal, on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge - IV, Dhanbad in connection with Sessions Trial Case No.02/2017 arising out of Dhansar P.S. Case No.97/2016, corresponding to G.R. Case No.3146/2016, subject to the following conditions:

i) One of the bailors should be close family member of the appellant.

ii) The appellant would submit his Xerox copy of Aadhar card and phone number before the court below at the time of furnishing bail bonds, which he will not change during the pendency of this appeal without permission of this Court.

Accordingly, I.A. 8178 of 2019 is hereby allowed.

Cr. Appeal (S.J.) No.899 of 2019

Post this case on 4th February, 2020 under appropriate heading.