CHANDRAKALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentence under Sec. 389 CrPC has been preferred on behalf of the appellant-applicant Smt. Chandrakala W/o Late Shankar Lal, who has been convicted for the offence punishable under Sec. 302 IPC vide judgment dtd. 5/3/2022 passed by the learned Sessions Judge, Rajsamand in Sessions Case No. 1/2017 and sentenced to undergo life imprisonment alongwith a fine of Rs.2000.00 and in default of payment of fine, further to undergo additional simple imprisonment of 15 days.

(2.) Learned Public Prosecutor has filed reply to the application for suspension of sentence, as per which, the appellant does not have any criminal antecedents. She has suffered custodial period of six years and three months as on date.

(3.) Mr. Tarun Dhaka, learned counsel representing the appellant, vehemently and fervently urged that entire prosecution case is false and fabricated. The appellant has been convicted for poisoning and killing her husband Shri Shankar Lal. The deceased fell ill on 8/11/2015 and was admitted in the R.K. Hospital, Rajsamand, from where he was referred to MBH Hospital, Udaipur and expired while being under treatment. The report under Sec. 174 CrPC bearing No. 23/2015 (Ex. P/2) was lodged by Ratan Lal Suthar, wherein he stated that his brother suddenly fell ill and expired. Nearly after one year of the incident, the FIR (Ex.P/9) came to be filed, wherein an allegation was levelled that the appellant herein was embroiled in a marital discord with her husband Shri Shankar Lal and that she administered poison to her husband, as a result whereof, he expired.