SURESH SINGH Vs. STATE OF J & K

JUDGEMENT

(1.) Report in terms of our previous order dated 10th of December, 2018 has been received from the Superintendent, Central Jail, Kot Bhalwal, Jammu.

(2.) We have heard learned counsel for the parties on this application for seeking suspension of sentence. Learned counsel for the appellant has strenuously contended that wife of the appellant, namely, Smt. Gita Devi suffered natural death on 13th of October, 2009. It is the submission of learned counsel for the appellant that merely on the suspicion that the appellant's wife died at home, without there being an iota of evidence to bring home the charge of her murder against him, the appellant was implicated in FIR No. 53/2009 registered at Police Station, Thathri, subjected to trial and thereafter vide judgment dated 7th of September, 2018 convicted for the commission of offence under Sec. 302 of Ranbir Penal Code. Pursuant to the said conviction by an order of sentence dated 7th of September, 2018, the appellant stands sentenced to rigorous imprisonment for life. Our contention has been drawn to the evidence of Dr. Sushil Kumar Bhat, Medical Officer, examined as P.W. 2, who had conducted postmortem of the body of the deceased Smt. Gita Devi. The said doctor has reported that no definite opinion about the cause of death could be given. Forensic Science Laboratory has also reported that no poisonous substance was detected in the body of the deceased Smt. Gita Devi. Learned counsel for the appellant has further contended that the appellant and his wife Smt. Gita Devi were blessed with two children, the elder is daughter, presently aged about 18 years, reading in class 10th and the younger is son and the entire family would be ruined in case the sentence imposed upon the appellant is not suspended.

(3.) The report received from the office of Superintendent, District Jail Kishtwar, discloses that during trial, the appellant was released on bail vide order dated 18th of May, 2013. The appellant appears to have been put in custody upon his conviction. The conduct of the appellant while lodged in jail is reported to be good by all the jail authorities.