Santosh Rai vs The State of Jharkhand

D.N. Patel, J.—This appeal has already been admitted by order dated 24th September 2012. Records and proceedings of the Sessions Trial No. 92 of 2006 was called for from the trial court and the same has already been received to this court. We have perused the records and proceedings of the trial court. Having heard counsel for both the sides on the point of suspension of sentence awarded by the trial court, it appears that there is prima-facie case against the appellant/accused. As the criminal appeal is pending, we are not much analyzing the evidences on record, but suffice it to say that incident has taken place on 16th December 2005 at 08:15 A.M. Immediately thereafter, F.I.R. was filed against the appellant/accused. There are several eye witnesses of the incident namely P.W.-1, P.W.-2, P.W.-3, P.W.-4 and P.W.-6. Looking to the depositions of these witnesses, it appears that they are getting enough corroboration by the deposition of P.W.-9, who is Doctor Lalan Choudhary.

Looking to these evidences on record, there is prima-facie case against the appellant/accused and looking to the gravity of offence, quantum of punishment and the manner in which the appellant/accused is involved, as alleged by the prosecution, we are not inclined to suspend the sentence awarded by the trial court to the appellant/accused. Hence, prayer for suspension of sentence of the appellant/accused is rejected.