Khora Bouri vs State of Jharkhand

D.N. Patel, J.—The aforesaid criminal appeal has already been admitted, vide order dated 03.07.2009 and amicus curiae has also been appointed to assist the Court.

A letter has been written by the appellant-accused from jail, dated 03.08.200 wherein, prayer for suspension of sentence has been made.

We, hereby, direct the registry to give I.A. No. to this letter in Cr.A.(D.B.) No. 536 of 2009.

We have heard amicus curiae and looking to the record and proceedings of the trial court of the sessions trial and looking to the evidence on record, there is a prima facie case against the appellant-accused.

Learned Counsel for the appellant-accused has argued out the case in detail.

As the criminal appeal is pending, we are not much analysing the evidence on record. Suffice it to say, that:

I. looking to the deposition of P.W.6, Kamal Bouri, who has stated that deceased was lastly seen in the company of the present appellant-accused.

II. Several prosecution witnesses have seated the motive behind the offence that in the previous month, the appellant-accused had caught hold the victim (deceased), namely, Rekha and a complaint was made by the family members of the deceased against appellant-accused and, therefore, the appellant-accused was annoyed by the said complaint and the appellant-accused had declared that, as the deceased had complained to the family members of the appellant-accused, he will murder the deceased.

III. looking to the deposition of P.W. 10 Damodar Bouri, when the complaint was made to the family members of the appellant-accused, the appellant-accused had declared that he will many with the deceased otherwise, she will be killed, if she marries to another person.

IV. looking to the deposition of P.W. 3, who is Judicial Magistrate, 1st Class, Jamtara, before whom the statement of the appellant-accused was recorded u/s 164 of the Code of Criminal Procedure which has been given as Ext. 3.

Thus, looking to the aforesaid evidences, there is a prima facie case against the appellant-accused and looking to the gravity of the offence and the quantum of punishment and the manner in which the appellant-accused is involved in the offence, as alleged by the prosecution, we are not inclined to suspend the sentence of the appellant-accused, awarded by the trial court for the offence of murder of the deceased.

There is no substance in the prayer made by the appellant-accused, vide his letter dated 03.08.2009.

Registry is directed to give I.A. No. to this letter.

The prayer made by the appellant-accused for suspension of sentence is hereby dismissed.