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2012 DIGILAW 1355 (JHR)

Kutubbudin Kalifa v. State of Jharkhand

2012-09-11

D.N.PATEL, PRASHANT KUMAR

body2012
ORDER D.N. Patel, J 1. Cr. Appeal (D.B.) No. 817 of 2012 and Cr. Appeal (D.B.) No. 832 of 2012 have been admitted by this Court vide order dated 13.08.2012 and 08.08.2012 respectively. 2. Record and proceedings of Sessions Trial No. 209 of 1994 was called for from the trial court. 3. Cr. Appeal (D.B.) No. 832 of 2012 has been preferred by original accused no. 1 whereas Cr. Appeal (D.B.) No. 817 of 2012 has been preferred by original accused nos. 4 & 5. 4. We have heard counsels for both the sides in the aforesaid criminal appeals. We have perused the records and proceedings of Sessions Trial No. 209 of 1994. 5. We have heard both the sides. Looking to the evidences on record, there is prima facie case in favour of the appellants in both the appeals. As the criminal appeals are pending, we are not much analyzing the evidences on record, but suffice it to say that looking to the deposition of prosecution witnesses specially P.W.12 and his cross examination, there is prima facie case in favour of the appellants. Previously, the deceased was admitted to hospital where her statement was recorded wherein it has been stated that by accident, she got the fire and was injured. This first information has not been brought on record by the prosecution. Moreover, looking to the other evidences on record, there is prima facie case in favour of the appellants. 6. Previously, the deceased was admitted to hospital where her statement was recorded wherein it has been stated that by accident, she got the fire and was injured. This first information has not been brought on record by the prosecution. Moreover, looking to the other evidences on record, there is prima facie case in favour of the appellants. 6. We, therefore, suspend the sentence awarded to the appellants in both the criminal appeals by the trial court in S.T. No. 209 of 1994, during the pendency of the present Criminal Appeal, whereby the appellants of both the criminal appeals have been convicted and sentenced vide order dated 27.06.2012 mainly for the offences punishable under Sections 302 read with Section 34 of the I.P.C. and also for the offence punishable under Section 498A of the I.P.C. as well as for the offence punishable under Section 4 of the Dowry Prohibition Act, on execution of bail bond of Rs.10,000/(Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the trial Court / Sessions Judge, Garhwa in S.T. No. 209 of 1994 and also on condition that they shall be available in this Court as and when their presence is required and also on the condition that they shall not change their residential address without permission of this Court. Ordered accordingly.