CHETAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Applicant-appellant has laid this application under Section 389 Cr.P.C. for seeking suspension of sentence handed down by Additional Sessions Judge, Salumber, District Udaipur (for short, 'learned trial Court') by its verdict dated 21.12.2017. Learned trial Court by the impugned judgment has indicted applicant for offence under Section 306 IPC and sentenced him to ten years' rigorous imprisonment with fine of Rs.25,000/- and in default of payment of fine to undergo sentence of two years' simple imprisonment.

(2.) It is contended by learned counsel for the applicant that learned trial Court has miserably failed to appreciate the evidence and materials available on record while indicting the appellant for offence under Section 306 IPC. Learned counsel submits that there was no tangible evidence to show an active or direct act of the applicant which led the deceased to commit suicide seeing no other option. It is also argued by learned counsel that even the suicide note is conspicuously silent about the so-called harassment meted out to her much less creation of such a situation by applicant, which left the deceased with no other option but to end her life. It is in that background, learned counsel has urged for suspending the sentence.

(3.) Learned Public Prosecutor has opposed the application for suspension of sentence.