SHUKHDEV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. No. 3687/2016, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence on behalf of appellant No. 1 - Sukhdev.

(2.) The appellant No. 1 - Sukhdev husband of the deceased has been convicted of offence under Sections 304 -B, 498 -A of IPC and Section 4 of the Dowry Prohibition Act and sentenced to 7 years RI with fine of Rs.500/ -, 1 year RI with fine of Rs.250/ - and 6 months RI with fine of Rs.1000/ - each respectively.

(3.) Learned counsel for the appellants submits that appellant No. 1 - Sukhdev was on bail during trial and he did not misuse the liberty granted to him. Deceased was wife of appellant No. 1 - Sukhdev whose marriage took place on 06 -05 -2013 whereas she consumed some poison on 31 -10 -2013 and she has expired on 01 -11 -2013. It would be apparent that within five months of marriage no bride could be tortured so that she would have committed suicide. If the deposition of Leelawati (PW -2) mother of deceased is perused then it would be apparent that in those five months of marriage in almost days she used to reside in the parental house and she resided only for few days in the house of the appellant No. 1 - Sukhdev. The parent and relative of the deceased kept silent for 15 days after the death of deceased and thereafter they made omnibus allegations against the appellant No. 1 - Sukhdev. Leelawati (PW -2) has stated that a rod was found in the private part of the deceased. Such statement was not confirmed either by the investigating officer or the doctor which indicates that the parent and relatives of the deceased were bent upon to implicate the appellant No. 1 - Sukhdev in any crime. If the deceased was harassed for dowry demand then she visited 4 -5 times to her parental house during her marital life and no FIR was lodged by the deceased during her life time, no meeting of reputed members of community was called to resolve the problem which indicates that a false allegation of dowry demand and harassment was made by the witnesses. There are fair chances of success of appeal. If the appellant No. 1 - Sukhdev is not released on bail then the appeal filed by the appellant No. 1 - Sukhdev may turn infructuous. Under these circumstances, appellant No. 1 - Sukhdev prays for bail and suspension of execution of jail sentence.