DAYA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentence is preferred in pending appeal which was admitted on 10/10/2023 and aggrieved from order of conviction and sentence dtd. 26/9/2023 in Sessions Case No. 109 of 2011 passed by learned Additional Sessions Judge (Women Atrocities Act) No. 1, Kota whereby appellants were convicted for offence under Ss. 306 and 498A IPC and sentenced accordingly.

(2.) Learned counsel for the appellants while relying upon grounds of appeal submitted that without observing principle of law learned Trial Court has arrived at a conclusion of conviction. He further submitted that learned Trial Court has overlooked material contradictions and discrepancies, which goes to root of the matter. He further submitted that the entire case of prosecution rests on testimony of interested witness and no independent witness was examined to corroborate the story of prosecution. He further submitted that both the appellants are sister-in-law of deceased and they were residing in their matrimonial house. He further submitted that after registration of FIR, police has investigated the case and charge-sheet was filed against Radha Bai who was convicted on 12/3/2014 but during pendency of aforesaid session case, cognizance under Sec. 319 Cr.P.C. was taken against both the appellants. He further submitted that not a single iota of evidence is available to connect present appellants with alleged crime. He specifically referred the ingredients of Ss. 107 and 306 IPC to submit that no evident was led by the prosecution to assume that both the appellants had abeted the suicide of deceased. He also submitted that appellants were on bail during trial and they never misused the liberty granted in their favour.

(3.) Aforesadi contentions were opposed by learned Public Prosecutor. He submitted custody certificate and same is taken on record. He also submitted that complainant has already been informed and same is also taken on record.