Application for suspension of sentence was dismissed. The court distinguished the cited precedent where the accused was acquitted, holding that discrepancies in prosecution allegations here do not meet the threshold for suspension.
Application for suspension of sentence dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:17420]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 238/2024
Sampat Kumar S/o Shri Bhanwar Lal Bula (Tailor), Aged About 35 Years, R/o Sadar Bazar, Pur, P.s. Pratapnagar, Dist. Bhilwara. (At Present Lodged In Dist. Jail, Bhilwara).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. C.S. Kotwani For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
22/04/2024
Heard learned counsel for the appellant and learned Public Prosecutor on application for suspension of sentence.
Learned counsel for the appellant applicant submits that the incident took place 15.11.2011 whereas, the FIR was lodged only on 05.12.2011 without any explanation for the delay. He argued that there is no evidence to the effect that soon before death, the deceased was subjected to cruelty or any demand of dowry was made. It is argued that the deceased was having illicit relationship with one Krishan with whom messages were exchanged by the deceased and same is evident from Ex.P/25 & Ex.P/26. It is further argued that previously, proceedings under Section 176 Cr.P.C. were undertaken by the Magistrate, in which no specific allegation was made against the present applicant. There are material contradictions and omissions in the statement
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(2 of 3)
of witnesses. Further, the appellant was on bail during trial and hearing of the appeal is likely to take time, therefore, the sentence passed by the court below vide judgment dated 13.02.2024 against the appellant may be suspended. Learned counsel placed reliance on the judgment of Hon’ble Apex Court in the case of Charan Singh @ Charanjit Singh Vs. State of Uttarakhand reported in 2023 LiveLaw 341.
Per contra, learned Public Prosecution opposed the prayer made by the petitioner and submits that according to the postmortem report, as many five injuries were found on the body of deceased which shows that the deceased was subjected to cruelty before death. Therefore, no case is made out for suspension of sentence and the application is liable to be rejected.
I have considered the rival submissions and perused the material available on record.
From the documents on record, it is evident that the marriage between the deceased and appellant was solemnized on 02.12.2010 and the deceased died on 05.11.2011 i.e. within a short span of time. From the perusal of statement of witensses, it is revealed that specific allegation with regard to demand of dowry and harassment to deceased has been levelled by the prosecution witnesses in the court statement. Moreover, five injuries were found on the body of deceased at the time of death, therefore, no prima facie case exists in favour of the appellant so as to suspend the sentence awarded to the appellant. So far as the judgment cited by the counsel for appellant in the case of Charan Singh (Supra) is concerned, in the said case, the Hon’ble Apex Court acquitted the accused as the prerequisites to raise presumption
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under Section 304 B IPC and Section 113B of Evidence Act were not fulfilled inasmuch no postmortem was conducted upon the deceased nor any of the witnesses stated about cruelty or harassment to the deceased or any of his family members soon before death, therefore, the present case is clearly distinguishable.
In view of above, the application for suspension of sentence is hereby dismissed.
(MANOJ KUMAR GARG),J
198-BJSH/-
3 issues framed by the court
Whether the sentence passed against the appellant in a dowry death case should be suspended given the delays in FIR and lack of post-mortem.
If the requisites under Section 304 B IPC and Section 113B of the Evidence Act were fulfilled in the present case.
Whether the circumstances in the cited Apex Court case are comparable to the present matter for suspension of sentence.
Colour shows how this judgement treated each authority
Charan Singh @ Charanjit Singh Vs. State of UttarakhandDistinguished¶21
Charan Singh @ Charanjit Singh Vs. State of Uttarakhand reported in 2023 LiveLaw 341
2 provisions across 2 enactments
Sampat Kumar
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
