This order dismisses an application for suspension of sentence in a dowry death appeal. The High Court notes prior FIRs for dowry demand and cruelty, rejecting the appellant's claim that the deceased committed suicide.
Application for suspension of sentence dismissed. Applicant directed to submit paper book for final hearing of appeal.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Misc. (Suspension of Sentence) Application
No.1276/2017
In
D.B. Criminal Appeal No. 1042/2016
Vijay Singh @ Pappu son of Shri Ramkaran, by caste Gurjar resident of village Karili, Police Station Nadbai, District Bharatpur. At present in Central Jail, Bharatput.
----Accused-Appellant
Versus
State of Rajasthan through PP
----Respondent For Appellant(s) : Mr. Biri Singh Sinsinwar, Sr. Adv. with Mr. Rajesh Choudhary For Respondent(s) : Ms. Soniya Shandilya, PP, for the State. Mr. Rinesh Gupta with Mr. Saurabh Pratap Singh
HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE BANWARI LAL SHARMA
Order
13/11/2018
Heard on the application for suspension of sentence.
Learned counsel for the applicant submits that the applicant was on bail during trial and hearing of the appeal will take time thus the sentence may be suspended. It is more so when no evidence to connect the applicant with the crime for the offence under Sections 498-A and 304B IPC has come on record. There exist general allegations against the accused-applicant. The deceased otherwise committed suicide by hanging herself, thus a case for offence under Section 304B IPC would not be made out.
Learned Public Prosecutor and learned counsel for the complainant has opposed the application for suspension of sentence.
(2 of 2)
[SOSA-1276/2017]
It is submitted that the deceased was subjected to demand of dowry not just before the occurrence but even on previous occasions also. Earlier also, two FIRs were registered against the accusedapplicant for demand of dowry and subjecting deceased to cruelty. The deceased earlier sustained injuries and therein accused was arrested but released on compromise between the parties. The compromise was entered with the hope of settlement of the relationship between husband and wife. The applicant, however, has caused cruelty on deceased even on third occasion. In view of the above and as the conviction is for offence under Section 304B IPC, the presumption goes against the applicant, in view of the provisions of Evidence Act, thus the application for suspension of sentence may not be accepted even if the accused was on bail during trial.
We have considered rival submissions of the parties and perused the record.
Any comment on the facts of the case may affect either of the parties while arguing the case finally thus we are refraining ourselves to make any comment on the facts of the case. But taking into consideration the evidence available on record and the provisions of the Evidence Act read with Section 304B IPC, we do not find it to be a case for acceptance of application for suspension of sentence. It is, accordingly, dismissed.
Learned counsel for the applicant is directed to submit the paper book at the earliest so that the appeal may be taken up for final hearing.
(BANWARI LAL SHARMA),J
(M.N. BHANDARI),J
MANISH/7
1 issue framed by the court
Whether suspension of sentence can be granted in a case involving dowry death under Section 304B IPC where evidence connecting the accused is weak.
Vijay Singh @ Pappu
State of Rajasthan
Munishwar Nath Bhandari
Banwari Lal Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
