A post-conviction application for suspension of sentence requires strong compelling reasons, and the presumption of innocence does not apply.

JUDGMENT :

I.A. No.10493 of 2024

1. The instant interlocutory application has been filed under Section 430 (1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence dated 31.08.2024 passed by the learned Sessions Judge, East Singhbhum, Jamshedpur, in connection with S.T. Case No.153 of 2021, arising out of Kadma P.S. Case No.37 of 2021, corresponding to G.R. Case No.774 of 2021, whereby and whereunder, the appellant has been convicted for the offence under Sections 326 & 34 of the IPC and sentenced him to undergo R.I. for 10 years along with fine of Rs.20,000/- and in default of payment of fine, he has further been directed to undergo R.I. for six months. He has further been sentenced to undergo R.I. for 10 years along with fine of Rs.20,000/- for the offence under Sections 307 and 34 of the IPC and in default of payment of fine, he has to undergo R.I. for six months. He has further been sentenced to undergo R.I. for 7 years along with fine of Rs.20,000/- for the offence under Sections 26(2) & 35 of the ARMS ACT and in default of payment of fine, he has to undergo R.I. for six months and all the sentences have been directed to run concurrently.

Factual Matrix

2. The case of the prosecution on the basis of fardbeyan of the informant, Ayushi Chandra, in short is that at about 9:15 P.M. on 13/02/2021, the informant's father, namely, Ganesh Chandra was closing his jewelery shop situated at Uliyan. Meantime, two persons riding on a motorcycle came there and one of them fired on her father which hit on the stomach of her father and after that, they fled away with motorcycle. On alarm raised, nearby people came there and admitted informant's father to TMH Hospital for treatment.

3. Further, the case of the informant is that she had solemnized love marriage with one Raj Kumar Patro on 14/12/2019 against the wishes of her family member but just after 6-7 months, her husband started torturing her and he had greedy eye on her father's property. He was also associated with some criminal minded people. Due to all these reasons, the informant after leaving her husband was residing at her father's house and do not want to lead her life with her husband. She had also filed a divorce case in the court, for which, the accused was infuriated and also threatened her and her family members for dire consequences. The informant presumed that Rajkumar Patro along with his criminal associates, planned to kill her father.

4. On the fardbeyan of the informant, Kadma P.S. case no.37/2021 dated 14/02/2021 was registered and after completion of investigation, Police submitted charge-sheet against the accused Raj Kumar Patro and Raghunath Manna under Sections 326 /307/34 of the IPC and under Sections 25(1-B)a/25(1-A)/26(2)/27/35 of the ARMS ACT .

5. In order to substantiate the prosecution case, prosecution has examined altogether eight witnesses in Session Trial and the learned trial court after appreciation of evidence has found the charges levelled against the present applicant along with other accused proved beyond all reasonable doubts and accordingly, the present applicant has been convicted and sentenced as aforesaid.

6. The instant interlocutory application has been preferred by the applicant/appellant with the prayer for the suspension of sentence during pendency of the instant appeal.

Submission of the learned counsel for the appellant

7. It has been contended on behalf of the appellant that it is a case where there is no cogent evidence said to come in course of trial, basis upon which, the prosecution version has been said to be proved beyond all reasonabl