LAWS(SC)-2009-5-151

BAKSHISH RAM Vs. STATE OF PUNJAB

Decided On May 08, 2009
BAKSHISH RAM Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the judgment and order passed by the High Court of Punjab and Haryana in Criminal Appeal No. 487 - SB of 1994 dated 26th day of March, 2008, wherein and where under, the court has confirmed the judgment and order passed by the learned Sessions Judge, Jalandhar dated 21.9.1994, sentencing the appellants Bakshish Ram and Dalip Kaur to undergo rigorous imprisonment for seven years each for the offences under Section 304B read with Section 498A IPC. The appellants have also filed separate applications for grant of bail during the pendency of the appeal.

(3.) A case was registered against the petitioners, viz., husband, mother-in- law and father-in-law of the deceased under Section 304B and Section 498A of Indian Penal Code on 7.7.1993. The Learned Additional Session Judge, Jalandhar after appreciating the evidence on record has found the accused persons are guilty of the offences punishable under Section 304B read with Section 498A IPC and, accordingly, has sentenced them for seven years of rigorous imprisonment. Aggrieved by the said judgment, appellants had filed a criminal appeal before the High Court with an application for suspension of sentence/grant of bail. The High Court at the preliminary stage considering that there is no likelihood of the appeal being heard early, suspended the sentence and granted bail to the accused by its orders dated 2.11.1994 and 16.12.1994. During the pendency of appeal Khushia Ram, accused No. 2 expired on 21.7.2006 and, therefore, the High Court has dropped proceedings against him.