IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 3875/2024
LALAN YADAV APPELLANT(S)
VERSUS
THE STATE OF JHARKHAND RESPONDENT(S)
O R D E R
1. By way of present appeal, the appellant challenges the
order passed by the Division Bench of the Jharkhand High
Court, thereby rejecting for suspension of sentence during
the pendency of the appeal.
2. Heard Shri Sanjeev Kumar, learned senior counsel for the
appellant and Shri Vishnu Sharma, learned counsel for the
respondent/State.
3. The appeal is vehemently opposed by the learned counsel
appearing for the State on the ground that there are
clinching evidence with regard to the last seen of the
appellant in the company of the deceased and the death
taking place shortly.
4. We have perused the evidence on record. The last seen
theory is basically on the evidence of PW.1, the wife of the
deceased.
5. Since the appeal is already pending, we refrain
ourselves from making observations about the merits and
demerits of the case on the evidence.
6. However, it is not in dispute that the present case is a
case which rests on the circumstantial evidence and the main
circumstance is with regard to the last seen theory. A
perusal of the evidence would itself reveal that the
deceased along with the present accused was consuming liquor
1
nearby to the way where th...