Banti Ojha vs State Of Madhya Pradesh

Heard on IA No.7271/2022, first application under Section 389(1) Cr. P.C. moved on behalf of appellant seeking suspension of sentence and grant of bail.

Appellant stood convicted under Section 302 IPC and sentenced to undergo imprisonment for life with a fine of Rs.5,000/- with default stipulation vide judgment of conviction and order of sentence dated 23/10/2021 passed by First Additional Sessions Judge, Ashoknagar (M.P.) in Sessions Trial No. 22/2018.

Appellant so far has undergone incarceration of 5 years and 4 months months.

As per story of prosecution, appellant is the husband of deceased Ranu and their marriage was solemnized on 05/012016. After two years of marriage, on the fateful day i.e. 17/10/2017, Ranu was living in her matrimonial home. The house is three-storied building. At about 9.00 in the night, she is stated to have toppled and slipped from the staircase and sustained injuries. No sooner the incident occurred the father of the appellant immediately informed deceased's father about the unfortunate incident. Thereafter as Ranu had become unconscious, she was rushed to the hospital by the appellant's father. The parents of the deceased reached the hospital on the same day. On the following day i.e. 18/10/202017, an FIR was lodged with the allegation that Ranu suffered homicidal death due to brutal beating given by her husband/appellant. On such allegation, postmortem was conducted and investigation started. Upon completion of investigation, challan was filed. The case was committed to the Sessions Court for trial. The Sessions Court upon critical evaluation of the evidence placed on record, convicted and sentenced the present appellant, as aforesaid.

Shri Goswami, learned counsel for the appellant while taking exception t o the impugned judgment, inter-alia, submits that it is the case of false implication. Neither there is allegation of demand of dowry nor of abetment of crime. The alleged offence against the appellant is of 302 of the IPC. There is no evidence whatsoever to constitute intention on the part of the appellant with which he could be said to have caused homicidal death of the deceased. It was an unfortunate incident where the deceased toppled from the staircase and suffered injuries resulting into her death. Appellant even otherwise has already suffered 5 years 4 months' incarceration. He has no criminal antecedents; hence, on these prayed for suspension of sentence and grant of bail to the present appellant.

Per contra, Shri Shukla, learned Additional Advocate General while supporting the impugned judgment opposes the application with submission that the deceased suffered 13 injuries. The said injuries could not be said to have been caused due to toppling from the stair-case. The presumption drawn by the Sessions Court attributing motive of appellant in causing homicidal death can not be taken exception to. Dr. Pradeep (P.W.11) in his deposition has also said that injuries caused on the body of the deceased could not be said to be caused due to toppling from the stairs. However, he has maintained blissful silence as regards any other evidence connecting the appellant with an act of embarrassment, torture or for that matter connected to the ingredients as provided for under Section 304-B of the IPC for justifying the conviction.

In the rejoinder filed by Shri Goswami it is stated that medical evidence is not reliable as the Dr. (PW-11) has opined that the injuries caused to the deceased could have been accepted to be caused due to troppling from the staircase.

Upon hearing learned counsel for the parties, though this Court refrains from commenting upon rival contentions touching merits of the case, in the obtaining facts and circumstances of the case, we deem it appropriate to extend the benefit of suspension of sentence and grant of bail to the present appellant.

Accordingly, it is directed that the jail sentence of appellant shall remain suspended and he shall be released on bail, subject to verification of amount of fine being deposited and on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one solvent surety in the like amount to the satisfaction of the Trial Court. Appellant is directed to appear before the Registry of this Court first on 03/08/2023 and on other subsequent dates as may be fixed by the Office in this behalf.

Accordingly, IA No.7271/2022 stands allowed and disposed of.

It is made clear that observations on facts, if any, are only for the purpose of disposal of the application for suspension of sentence and shall have no hearing on the merits of the appeal.

Certified copy as per rules.