SHYAMLENDU DEB Vs. STATE OF ASSAM

JUDGEMENT

(1.) WITH the help of this application, made under Section 389 Cr.P.C., the applicants, who are appellants in Criminal Appeal No. 146 of 2012, have sought for suspension of their conviction and also the sentence, which has been passed against them by the impugned judgment and order, dated 22 -06 -2012, in Sessions Case No. 42(K) of 2008, by the learned Sessions Judge, Kamrup, Guwahati.

(2.) WE have heard Mr. D Kabir, learned counsel for the appellantsapplicants, and Mr. Z Kamar, learned Public Prosecutor, Assam.

(3.) WHILE considering the present application, it needs to be borne in mind that the death of Smti. Sipra Deb, wife of the appellant -applicant No. 1, namely, Sri Shyamlendu Deb, took place at the matrimonial house of the said deceased, where she used to live with the appellant -applicant No. 1 and their son, who has been examined as PW20. His evidence, given in the Court, is in favour of the appellant -applicant No. 1 inasmuch as according to his evidence, his father was lying on the bed, when his mother caught fire and it was only upon hearing her mother screaming that his father got up from his bed and tried to extinguish the fire by means of gunny bag. This witness (PW20) had, however, given earlier a statement under Section 164 Cr.P.C., wherein he had alleged that his father was involved in setting ablaze his mother. We do not find that the prosecution declared PW20 hostile or cross -examined him nor was this witness (PW20) contradicted by drawing his attention to the previous statement, which is claimed to have been made by him under Section 164 Cr.P.C.