ASHA DEVI & BALKISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant, and the learned Public Prosecutor.

(2.) Learned counsel for the applicant submitted that father of the deceased namely Jai Kishore Tilwani was present at the time of the cremation of the deceased, and even after that, the report of the incident has been lodged 22 days after the incident, inasmuch as at the time when the inquest report was prepared by the Executive Magistrate, namely Shri Noor Mohd., informant Jai Kishore was present and in that inquest report, cause of death was inquired but at that time also, the informant did not speak even a single word against the petitioners. Learned counsel for the applicant further submitted that the prosecution case is that at the time of the marriage, some amount was withdrawn by the informant by his bank account and the same was given in dowry to the husband of the deceased hut the documents produced by the prosecution show that no such amount was drawn on 16.2.1988 the day on which the marriage was performed.

(3.) Having considered the points raised by the parties, I may state that at this stage, no opinion can be expressed on the points raised but for the disposal of the application for suspension of the impugned sentence, the points are relevant for consideration and material.