TUHIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant through video conferencing. Learned Public Prosecutor is present in Court.

(2.) This application for suspension of sentence has been filed by the appellant along with the Appeal to suspend the sentence awarded by Additional District And Session Judge No.2, Bandikui, District Dausa (Rajasthan) vide judgment dated 20.01.2020 in Session Case No.(58/2016) B.T. No.10/2018.

(3.) Counsel for the appellant submits that the accused- appellant has been falsely implicated in this case. It is also submitted that there is no evidence of harassment, cruelty and demand of dowry by the appellant. He submitted that PW-2 - Kishori Lal has deposed regarding demand of dowry by the appellant but there is no corroboration by any independent evidence. It is also submitted that before death of the deceased there was no complaint against the accused-appellant that he behaved the deceased with cruelty, rather PW-8 Ram Pati, PW-9 Santra, PW-10 Bhagwanti are brother's wife of the deceased (Bhabhi) have specifically stated before the court that deceased used to talk with them off and on, but she never made any complaint of cruelty and ill treatment by the appellant or demand of dowry by the accused-appellant and as such no case under Section 304-B IPC is made out. It is submitted that the accused- appellant was on bail during trial. The appellant has every hope of success in appeal. Hearing of the appeal is likely to take time, therefore, he implored to accept the application for suspension of sentence during pendency of appeal.