VINOD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) D.B. Criminal Misc. 2nd Suspension of Sentence Application No. 760/2012 has been preferred on behalf of the applicant Vinod S/o. Nand Lal. The applicant -appellant Vinod, five years before 8.1.2010 in village Dhaneshwar was married with Mamta, daughter of Bhawani Lal (P.W.2). Mamta in her matrimonial home fed up with the demands of dowry, harassment and cruelty caused by the appellant Vinod on 8.1.2010 committed suicide by hanging herself. The trial court vide impugned judgment dated 23.7.2011 convicted the applicant -appellant Vinod for the offence under Sec. 304 -B IPC and vide a separate order of even date sentenced him to undergo life imprisonment and to pay a fine of Rs. 10,000/ -, in default of payment of fine to further undergo six months additional imprisonment.

(2.) Aggrieved against his conviction and sentence, the appellant has filed D.B. Criminal Appeal No. 834/2011 to assail his conviction and sentence. The first application for suspension of sentence on 4.1.2012 was dismissed as withdrawn by a co -ordinate bench.

(3.) In the present second application for suspension of sentence, the learned counsel for the applicant -appellant, contended that the applicant is in custody since 9.1.2010 and has undergone five years and eight months. The learned counsel for the applicant contended that since the deceased Mamta had died within seven years of her marriage in the matrimonial home and relationship of the deceased Mamta have been deposed regarding demand of dowry and cruelty inflicted upon Mamta, on this account, he will not assail his conviction but considering that minimum sentence prescribed for the offence under Sec. 304 -B IPC is seven years, taking into account that the applicant has undergone five years and six months, the sentence of the applicant be suspended because if benefit of remission is granted, the applicant has completed his sentence, in case later sentence is reduced to minimum prescribed.