The High Court of Rajasthan at Jodhpur dismissed a second application for suspension of sentence filed by an appellant convicted of murdering her husband by life imprisonment and RI with further term. The Court was not inclined to accept the application.
Application for suspension of sentence is dismissed as being devoid of merit.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Misc II Suspension Of Sentence Application
(Appeal) No. 87/2022
Smt Tammana @ Heera D/o Sh. Bhana Ram Prajapat, W/o Lt. Ramesh Prajapat, Aged About 26 Years, By Caste Prajapat, Resident Of Kushalpura, Presently Resident Of Nearby Gaytri Mandir, Jaitaran, Police Station Jaitaran, District Pali. (Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Sanjay Bishnoi For Respondent(s) : Mr. R.R. Chhaparwal, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
12/07/2022
This is the second application for suspension of sentences filed on behalf of the appellant who has been convicted and sentenced as below vide judgment dated 26.11.2018 passed by learned Addl. Sessions Judge, Jaitaran, Pali in Sessions Case No.27/2015 (CIS No.26/15):
| Offence Under Section |
Imprisonment | Fine | Sentence in default of fine |
|---|---|---|---|
| 302 IPC | Life Imprisonment | Rs.25,000/- | 1 Year’s RI |
| 201 IPC | 3 Years' SI | Rs.10,000/- | 4 Months' SI |
| 202 IPC | 6 Months' SI | Rs.1,000/- | 1 Month's SI |
(All the sentences were ordered to run concurrently)
(2 of 2)
[SOSA-87/2022]
The earlier SOS application (No.402/2020) was dismissed as not pressed after arguments had been advanced by counsel for the appellant.
We have heard and considered the submissions advanced by Shri Sanjay Bishnoi, learned counsel representing the appellantapplicant and the learned Public Prosecutor and have gone through the material available on record.
The allegation against the appellant is of murdering her own husband Shri Ramesh. The prosecution case is based on circumstantial evidence in the form of extrajudicial confession and recovery of dead body of Ramesh in furtherance of the information provided by the accused to the IO under Section 27 of the Evidence Act,.
In view the nature and gravity of allegations attributed by the prosecution to the appellant-applicant, we are not inclined to accept the instant application for SOS. Hence, the same is dismissed as being devoid of merit. The appeal shall be listed for hearing in the appropriate order of priority.
(KULDEEP MATHUR),J
(SANDEEP MEHTA),J
45-Sudhir Asopa/-
1 issue framed by the court
Whether the application for suspension of sentence in a violence case of serious degree deserves to be allowed.
Smt Tammana @ Heera
State Of Rajasthan
Kuldeep Mathur
Sandeep Mehta
As recorded by the court registry
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