The court emphasized the stringent conditions for suspension of sentence in murder cases, requiring convincing reasons and affirming the reliability of eyewitness testimony despite contradictions from the investigating officer.

JUDGMENT :

Sujit Narayan Prasad, J.

I.A. No. 10811 of 2024:

1. The instant interlocutory application has been filed on behalf of appellant under Section 430 (1) of Bhartiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence passed in connection with the judgment of conviction dated 12.09.2024 and sentence dated 13.09.2024 passed in Sessions Trial No.147 of 2023 arising out of Puso P.S. Case No. 40 of 2022 corresponding to G.R. No. 174 of 2022 by learned Additional Sessions Judge-I-cum-Special Judge, Gumla, whereby and whereunder, the appellant has been convicted for the offence under Section 302 of the I.P.C. and sentenced to undergo imprisonment for life along with fine of Rs.10,000/- and in default of payment of fine, the appellant has further been directed to undergo simple imprisonment for six months.

Factual Matrix

2. The factual background of the institution of FIR needs to be referred herein which is as under:

The informant gave a written report before the police on22.12.2022 stating therein that he is resident of village-Puso, P.S. Puso, Distt-Gumla. It is further stated that on 22.12.2022 at about 04.30 pm he came to know through the villagers in the village that his Bhagina (nephew) Kailash Ram, who lived in his house in Puso since childhood has been shot dead by Vijay Ravi.

The villagers picked up Kailash Ram, and took him to the referral hospital Sisai. As soon as he got the information, he immediately reached the referral hospital, Sisai and saw that his Bhagina (nephew) Kailash Ram has been shot in the chest, and he is lying dead on the stretcher. At the time of the incident Pawan Ram, and Santosh Ram, were present. Both of them told him that at about 4.15 P.M. in the evening they were cutting bushes in Kedia Baghicha field when they heard cries of help from about 100 meters away. Both of them went in that direction after hearing the noise and they saw that Vijay Ravi shot Kailash Ram, and seeing both of them coming near, Vijay Ravi fled away. Thereafter his Bhagina Kailash Ram was admitted in the referral hospital Sisai by Pawan Ram and Santosh Ram in an injured state. It is further alleged that eight months ago near Ambedkar Chowk, Puso in front of him and his family members there was a fight between Kailash Ram and Vijay Ravi. At that time Vijay Ravi had threatened to kill Kailash Ram, and he had said that whenever he gets a chance, he will murder him.

3. On the basis of the written report Puso P.S. Case No. 40/2022 dated22.12.2022 under Section 302 of the IPC and under Section 27 of the ARMS ACT was registered against the accused. Finally, I.O. has submitted charge-sheet no. 07/2023 dated 16.03.2023 under Section 302 of the IPC and under Section 27 of the ARMS ACT against the above-named accused.

4. Accordingly, cognizance of the alleged offences under Section 302 of the IPC and under Section 27 of the ARMS ACT has been taken vide order dated 18.03.2023 and the case was committed the before the Court of Session vide order dated 28.04.2023.

5. In order to prove the case altogether 09 witnesses including the investigating officer, they have been examined by the prosecution in Session Trial and the learned trial court after appreciation of evidence has found the charges levelled against the present applicant proved beyond reasonable doubt 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