In The Matter Of vs Gopal Mondal & Others

This is an application for suspension of sentence and grant of bail pending disposal of the appeal against a judgment and order of conviction passed by

the learned Additional Sessions Judge at Amta, Howrah in Sessions Trial No.19 of 2013 arising out of Joypur Police Station Case No.91 of 2011

whereby the appellants / applicants were held to be guilty of offences punishable under Sections 498A/302 of the Indian Penal Code (for short IPC).

The appellants / applicants were sentenced to life imprisonment.

The criminal case was initiated on the basis of a suo motu written complaint lodged by S.I. Partha Sarathi Halder on August 7, 2011. The complaint

was lodged on the basis of information received that Rakhi Mondal (victim), wife of Gopal Mondal (first accused) had died by consuming poison.

Inquest was conducted over the deadbody of the victim and Surathal Report was prepared. The deadbody was sent for post mortem.

Pursuant to investigation, charges were framed against the three accused persons under Sections 498A/302/201/120B IPC.

The learned Trial Judge analyzed the evidence on record and convicted the accused persons being the husband and the parents in law of the victim

under Sections 498A/302 IPC.

There were no eyewitnesses. The conviction is based entirely on circumstantial evidence.

We have gone through the evidence on record and the judgment under appeal. We notice that the post mortem doctor opined that cause of death is

“due to shock and hemorrhage due to abovenoted spleenic rupture and head injury, which were ante mortem and homicidal in natureâ€​.

In cross-examination, the doctor stated “if someone is assaulted with the help of hard substance over the head then blood must be found below the

scalpâ€​.

The learned Trial Judge noted that the post mortem report indicates that there was blood below the scalp and from this the learned Judge inferred that

the victim must have been assaulted prior to her death. However, we notice that no weapon was recovered by the police.

Further, the defence case was that the victim consumed poison, which caused her death. The viscera report of the victim was sent for forensic

examination but the report was not brought on record. This also, prima facie, appears to be a loophole in the prosecution case.

We have considered the assimilation of legal evidence by the learned Trial Judge. On an overall assessment of the totality of the facts and

circumstances of the case and quality of evidence on record, we cannot be persuaded to hold, at this stage, that the appellants / applicants do not have

any arguable case for acquittal at the final hearing of the appeal.

Apart from the above, we are also told that the second and third accused persons were on bail during trial. It is not the prosecution case that the said

two persons jumped bail or misused or abused bail in any manner or breached any condition of bail. They have been in custody since June 24, 2013

which was the date of pronouncement of judgment by the learned Trial Judge. The first accused has also been in custody for almost nine years since

his arrest in June 2011. There is no likelihood of this appeal being heard in the near future. Hence, following the ratio laid down by the Hon’ble

Supreme Court in Kashmira Singh Vs. State of Punjab (1977) 4 SCC 29;1 Akhtari Bi (Smt) Vs. State of Madhya Pradesh (2001) 4 SCC 355;

Surinder Singh Vs. State of Punjab (2005) 7 SCC 38;7 Sunil Kumar Vs. Vipin Kumar & Ors. (2014) 8 SCC 868 ;Daler Singh Vs. State of Punjab

2017 Cri. L J 2337; Husain & Anr. Vs. Union of India (2017) 5 SCC 702 ;Dharampal Vs. State of Haryana 2017 Cri L J 2137 and Batchu Rangarao

& Ors. Vs. State of Andhra Pradesh : 2017 (2) ALD (Cri) 78 (AP, )the appellants / applicants are entitled to grant of suspension of sentence pending

disposal of the appeal.

In the result, this application succeeds. The sentence of imprisonment and fine imposed on the applicants by the learned Trial Court will stand

suspended. The applicants shall be released on bail on furnishing a bail bond of Rs.10,000/- each (Rupees Ten Thousands only) with two sureties of

like amount each, one of whom must be local, to the satisfaction of the learned convicting court and on condition that the applicants shall meet the

Officer in Charge of the concerned Police Station once a month between 1st and 5th starting from March, 2020 and further that they shall be

personally present or shall be represented before the Court when the appeal is taken up for hearing.

We clarify that the observations made herein are prima facie in nature and have been made only for the purpose of disposing of the interlocutory

application for disposal of sentence and grant of bail pending disposal of the appeal. The observations shall have no bearing at the final hearing of the

appeal.

The application being C.R.A.N. 3041 of 2019 is, accordingly, disposed of.

Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.