Research › Search › Judgment

Jharkhand High Court · body

2013 DIGILAW 904 (JHR)

Meruni Hembrom v. State of Jharkhand

2013-07-24

D.N.PATEL, SHREE CHANDRASHEKHAR

body2013
JUDGMENT D.N. Patel, J. 1. This appeal was admitted vide order dated 12th June, 2013. 2. Records and proceedings of Sessions Case No. 138 of 2009 was called for from the Trial Court so as to appreciate the argument for suspension of sentence. 3. Both these appellants have been convicted by District and Additional Sessions Judge-II, Dumka in Sessions Case No. 138 of 2009 for 10 years rigorous imprisonment for the offence punishable under Section 328 I.P.C. to be read with Section 34 I.P.C. and also for fine of Rs. 5000/- for each of these appellants and in case of default of fine further imprisonment for 6 months have been awarded. 4. This Court has received the records and proceedings of Sessions Case No. 138 of 2009 and we have perused the same. 5. We have heard the counsel for both the sides, at length. 6. Having heard the counsel for both the sides and looking to the evidences on record, there is a prima facie case in favour of these two appellants. As the criminal appeal is pending, we are not much analyzing the evidences on record, but, suffice it to say that the learned trial court has not arrived at a conclusion that charge under Section 302 I.P.C. to be read with Section 34 I.P.C is not proved by the prosecution. Looking to the deposition of the prosecution witnesses from P.W. 1 to P.W.7, there is a prima facie case in favour of these two appellants. Moreover, it is submitted by the counsel for the appellant that these two appellants are female and they have already undergone more than half of the sentence awarded by the trial court. 7. In view of these evidences on record, I hereby suspend the sentence awarded to these appellants namely, Meruni Hembrom and Alish Murmu by the Additional Sessions Judge – II, Dumka in Sessions Case No. 138 of 2009 upon 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 learned District and Additional Sessions Judge-II, Dumka on the condition that the appellants shall be available as and when their presence is required by the Court and also on the condition that they shall not change their residential address without prior permission of this Court.