SUMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present application has been filed by the applicant under Sec. 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking suspension of following sentence awarded to her by the learned Sessions Judge, District Churu (hereinafter referred to as 'trial court') vide judgment dtd. 19/5/2025 passed in Session Case No. 09/2023:-

(2.) Mr. Vijay Raj Bishnoi, learned counsel for the applicant argued that the trial court has convicted the applicant absolutely on flimsy grounds and in spite of the fact that no other incriminating evidence against her was available, she has been convicted solely on the basis of recovery of the wrapper of medicine 'Silent Plus' and the Kadhai, which was available in the kitchen itself.

(3.) He argued that the entire prosecution story was that precooked food was brought by the co-accused Onkar Lal in a tiffin and the same was eaten by Babulal so also by Manoj (P.W.1), whereafter Babulal died while Manoj (P.W.1) got sick on account of poisoning.