MAHENDRA Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned Public Prosecutor on the application for suspension of sentence. By the instant application under Section 389 Cr.P.C., applicant-appellant has craved for suspending the sentence handed down by Additional Sessions Judge (Women Atrocities Cases), Udaipur (for short, 'learned trial Court'), by its verdict dated 08.11.2017. Learned trial Court, by the aforesaid verdict, while acquitting applicant-appellant for offence under Section 302 IPC, convicted him for offence under Section 304B IPC and handed down sentence of ten years' rigorous imprisonment and for offence under Section 498A IPC two years' rigorous imprisonment with fine of Rs.5,000/-, and in default of payment of fine to further undergo three months' simple imprisonment.

(2.) It is argued by learned counsel that during trial appellant- applicant was on bail. It is further submitted by learned counsel that FIR itself was lodged after six days from the date of death of deceased Ms. Manisha. Learned counsel further submits that learned trial Court has not examined the evidence in right perspective, more particularly, the allegations about perpetrating cruelty on the deceased for demand of dowry or any valuable security just before death. While referring to statements of PW3 Chadrakanta, mother of deceased, learned counsel submits that she has admitted in clear and unequivocal terms that at the time of marriage, there was no demand of dowry by the appellant- applicant or his family members and furthermore his daughter has never complained against the appellant-applicant or his family members for demand of dowry and her only complaint was about their behaviour. Learned counsel has also referred statements of PW4 Anant Kumar, I.O., and submits that a cumulative reading of his statements also makes it abundantly clear that offence under Section 304B IPC is not made out. With all these submissions, learned counsel has argued that sentence awarded by the learned trial Court may be suspended. Learned Public Prosecutor has vehemently opposed the application for suspension of sentence.

(3.) Learned counsel for the complainant, Mr. Pankaj Gupta, has strenuously urged that there was evidence available to show demand of dowry and harassment, therefore, learned trial Court has rightly indicted accused-applicant for offence under Section I have bestowed my consideration to the arguments advanced at the Bar and perused the impugned order and also scanned materials available on record.