BALRAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The applicant Raj Bala. (appellant No.2) seeks suspension of sentence during the pendency of the appeal. The applicant-appellant along with her husband Balraj (appellant No.1) has been convicted for the offences under Sections 452, 323 and 306 read with Section 34 Indian Penal Code ('IPC' - for short). They have been sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of RS.2,000/- each for the offence under Section 306 read with Section 34 IPC. In default of payment of fine, they have been ordered to undergo further rigorous imprisonment for two months. The appellants have also been sentenced for the offences under Section 452 and Section 323 IPC for imprisonment for Cr. Misc. No.63594 of 2009 in three years and and six months respectively; besides paying fine. The sentences have, however, been ordered to run concurrently.

(3.) As per the custody certificate, the applicant-Raj Bala as on 5.11.2009 had undergone imprisonment of 8 months and 14 days. Till date, she has undergone about 1 year and 1 month of imprisonment out of the total sentence. There is no other case registered against her. There are arguable points in the appeal. The prosecution examined complainant- Umed Singh (PW-4); besides Sandeep Singh (PW-5) as also Raghbir Singh (PW-8).