LOKESH Vs. STATE OF M P

JUDGEMENT

(1.) Heard on I.A. No.6071/2013, which is an application for grant of suspension of jail sentence of the appellant.

(2.) Counsel for the appellant has vehemently urged the fact that five years sentence has been imposed for offence under Sections 306 & 498 of the IPC. Counsel submitted that five years marriage had already passed and the appellant has been implicated on the basis of omnibus statement regarding demand of dowry. In fact, she was living separately with her husband, the present appellant resides at Ujjain, whereas her in- laws resided at Indore. Moreover, the deceased died due to consuming the pesticide and it does not establish that there was any serious demand of dowry as has been alleged. Hence, Counsel prayed for grant of suspension of jail sentence since the appellant had been arrested on 10.07.2013 and it is now more than almost three months. Counsel prayed that this application for grant of suspension of jail sentence be allowed since he has full chance of success in the appeal.

(3.) Counsel for the respondent/State, on the other hand, has opposed the submissions of the Counsel for the appellant and stated that in the medical evidence there were abrasions found on her hands indicating that she was being ill-treated. Counsel prayed for dismissal of the application.