YOGESH KUMAR Vs. STATE

JUDGEMENT

(1.) THIS is an application for suspension of sentence and enlargement of the appellant on bail.

(2.) I have heard the learned counsel for the appellant as well as the learned APP.

(3.) IT has been contended by the learned counsel that Yogita has been erroneously convicted for an offence under Section 304 -B IPC by the learned Trial Court and accordingly her sentence deserves to be suspended. In this regard, the learned counsel has contended that the testimonies of the parents and the Uncle of the deceased, which have been brought on record, only show that Yogita was given an amount of Rs. 20,000/ - by the parents of the deceased, who allegedly had died within two years from the date of her marriage. IT has been contended by him that the other gifts, which are purported to have been given by the parents of the deceased at Chuchak (a ceremony performed on the occasion of the birth of the male child), were given by them to the husband and not to Yogita. IT has been contended that Yogita was married and living separately along with her husband and two children. IT has been further stated that normally in cases of matrimonial discord, and more so in cases where the lady has unfortunately committed suicide, there is a tendency on the part of the parents of the deceased to enrope the entire family. In this regard, the learned counsel has placed reliance on a judgment of this Court in case titled Chander Kanta Lamba & Ors. ­vs - State & Ors., 169 (2010) DLT 143 wherein it has been observed that in such cases, there is a tendency to involve every member of the family. The learned counsel has contended that Yogita will abide by all the terms and conditions which the Court may like to impose and that she has already been in custody for almost thirty months, therefore, the continued incarceration is going to have devastating effect, not only on her, but on her entire family, and in the event of her being proved not guilty, she cannot retrieve the honour and the time which she has lost because of the continued incarceration.