Order on Board

04/03/2025

1. Though, today the present appeal has been listed for hearing on I.A. No.1 of 2022, which is an application for suspension of sentence and grant of bail, but with the consent of learned counsel for the parties and considering the period of detention of the appellant, the appeal is heard finally.

2. Accordingly, I.A. No.01 of 2022 stands disposed of.

3. This appeal is directed against the judgment of conviction and order of sentence dated 28.10.2022 passed by the First Additional Sessions Judge (FTC), Balodabazar, District – Balodabazar-Bhatapara (C.G.) in Sessions Case No.45/2019(Crime No.128/2019, P./S. Sarsiwa, District Balodabazar-Bhatapara) whereby the trial Court after holding the appellant guilty for the offence punishable under Section 304 Part- I of the Indian Penal Code sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,000/-, in default of payment of fine to further undergo imprisonment for 6 months.

4. The judgment of conviction and order of sentence is challenged on the ground that the prosecution has not proved the charge against the appellant and has failed to prove the fact that the accused has assaulted the d