REEMA YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant herein has been convicted and sentenced as below vide judgment dtd. 15/10/2019 passed by the learned Additional District and Sessions Judge No. 1 Hanumangarh, District Hanumangarh in Sessions Case No. 10/2017 (C.I.S. No. 52/2017):-

(2.) She has moved this application under Sec. 389 Cr.P.C., seeking suspension of sentences awarded by the trial court and for release on bail during pendency of the appeal.

(3.) Shri H.S.S. Kharlia, learned senior counsel assisted by Ms. Kinjal Purohit, Advocate, representing the appellant, vehemently and fervently urged that conviction of the appellant as recorded by the trial court is absolutely illegal and founded on no evidence whatsoever. The prosecution has come out with the theory that the appellant was involved in an extramarital affair with the co-accused Sunil Yadav and that both conspired together to murder the appellant's husband Shri Shambhu Sharan Yadav and their two children in the house where the family used to reside. Learned counsel Shri Kharlia submitted that it is an admitted case of prosecution that no incriminating material whatsoever was recovered at the instance of the appellant. The prosecution has not led any evidence whatsoever to show that the appellant was present in the house when the alleged murders took place. As per the evidence of prosecution witnesses, the appellant had gone to the house of Sunil Yadav four days prior to the incident for attending to his ailing wife. Shri Kharlia thus urged that the appellant who is a woman and is in custody for the last nearly six years, deserves indulgence of bail during pendency of the appeal.