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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SUJIT NARAYAN PRASAD, MR. JUSTICE PRADEEP KUMAR SRIVASTAVA, JJ
Baijnath Singh, S/o Triveni Singh – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
I.A. No.11192 of 2024
1. The instant interlocutory application has been filed under Section 430(1) of the Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension of sentence dated 30.03.2024 passed by learned Sessions Judge, Giridih in connection with Session Trial No. 61 of 2021, arising out of Giridih (M) P.S. Case No. 144/2020 corresponding to G.R. No. 21/2021 [T.R. No. 2694/2021], whereby and whereunder, the appellant has been convicted for the offence under Sections 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life along with fine of Rs.10,000/-.
2. It has been contended on behalf of the appellant that even the entire prosecution case to be taken in entirety to be accepted, then also no case for the offence under Section 302 of the I.P.C. is made out, since, as per the version of P.W.-8, the informant herself has deposed that due to the quarrel with respect to the issue of disturbance in electricity power supply, scuffle took place, which led the issue of assault and ultimately, the deceased succumbed to injury.
3. It has been contended that the blow, which has been given by the appellant, cannot be said to be fatal blow, since, the doctor has
The court ruled that the evidence did not support a conviction for murder as the assault was not fatal, justifying the suspension of the sentence.
The court ruled that the appellants demonstrated insufficient overt acts contributing to the crime, allowing for bail pending appeal.
Suspension of sentence is only granted in exceptional circumstances, particularly when the conviction may not be sustainable, which was not established in this case.
The court upheld the conviction under Section 304(B) IPC, emphasizing that the absence of new grounds and insufficient custody period do not justify suspension of sentence.
The court's decision was influenced by the evidence of the assault and subsequent death of the deceased, leading to the rejection of the application for suspension of sentence and release on bail.
Suspension of sentence is justified when the appeal process is delayed significantly and key witness credibility is in question.
Suspension of sentence granted based on long-term incarceration and lack of immediate appeal prospects in a serious case of culpable homicide.
Suspension of sentence granted due to lack of specific evidence against the appellant and completion of nine years of imprisonment, highlighting the importance of attributability in criminal convicti....
In assessing a murder conviction, courts must consider evidence of premeditation versus sudden provocation, impact on bail pending appeal, especially after prolonged incarceration.
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