Pawan Singh @ Pawan Kumar Singh vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard the learned counsel for the appellant and the learned counsel for the respondent State.

This appeal is already admitted and the lower court records are on the record.

I.A. No. 6738 of 2024 has been filed for suspension of sentence during pendency of this appeal.

The learned counsel for the appellant submits that the appellant has been convicted by the judgment dated 10.01.2024 and order of sentence dated 20.01.2024 passed by learned Additional Sessions Judge-VI- cum Special Judge, C.A.W, Hazaribagh in connection with Sessions Trial No.456 of 2022 arising out of Tatijharia P.S Case No.27 of 2022, G.R. No.1958 of 2022, whereby the appellant has been held guilty for offence under section 304(B) IPC and sentenced to undergo RI for 7 years and fine of Rs.10,000/- and in default thereof, to undergo SI for 2 months for offence under section 304(B) IPC.

Learned counsel for the appellant submits that in deposition PW-1 and PW-2 have been declared hostile. He submits that PW-2 is mother of the deceased has clearly stated in Paragraph no.13 that after 4 to 5 months of marriage she heard that son in law was putting demand of dowry of rupees one lac. He submits that PW-6 is sister in law of the deceased who has stated that after 4-5 years of marriage the deceased was blessed with two children and PW6 is the informant and she has stated in paragraph no.12 that Pawan Singh is a well behaved person who is the appellant and used to keep the deceased in proper manner and she has further stated that she met with sister in law prior to alleged occurrence and she found her happy. She further submits that the cause of the death is not found and the viscera report is not on the record.

Learned counsel for the respondent State opposed the prayer for bail on the ground that the appellant happened to be the husband of the deceased.

Considering that the informant herself stated that one day prior to the incident she found the deceased happy and the cause of death is not known and the appellant remained in custody for two years and about three months, I am inclined to suspend the sentence of the appellant, during pendency of this appeal.

Accordingly, the appellant- Pawan Singh @ Pawan Kumar Singh, is, hereby, directed to be released on bail, during 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 Additional Sessions Judge-VI- cum Special Judge, C.A.W, Hazaribagh in connection with Sessions Trial No.456 of 2022 arising out of Tatijharia P.S Case No.27 of 2022, G.R. No.1958 of 2022.

I.A. No.6738 of 2014 stands disposed of.