ROMA DEVI Vs. RISHI KUMAR

JUDGEMENT

(1.) ROMA Devi had filed a complaint against Rishi Kumar and anchalla Devi under Section 494 read with section 109 of R. P. C. Learned Additional sessions Judge, Kishtwar, acquitted both the respondents vide its order D/- 10th of may' 01. Roma Devi accordingly filed an appeal against the acquittal before this court. Vide order dt. 25th of May' 07, this" court upheld the order of acquittal passed in favour of respondent-Anchalla Devi but the appeal qua respondent Rishi Kumar was accepted and he was convicted under Section 494, R. P. C. vide order dated 3rd of july 07, Rishi Kumar was directed to undergo rigorous imprisonment for a period of two years with a fine of Rs. 10,000/ -. In default of payment of fine, Rishi Kumar was to undergo further R. I. for a period of three months. On the said date, Rishi Kumar who was present in Court was taken into custody and committed to jail to undergo the sentence.

(2.) THE convict-Rishi Kumar has not moved any application for the suspension of sentence and enlarging him on bail for filing SLP before the Supreme Court and instead the present application has been moved for the said purpose by one Khem chander, S/o. Late Bansi Lal, who is said to be the nephew of convict-Rishi Kumar.

(3.) THE first question which arises for determination is whether an application filed by a third party without any authorization is maintainable?