HUKMI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Public Prosecutor has chosen not to file reply to this application for suspension of sentences and proposes to argue the matter orally.

(2.) Heard learned counsel for the applicant-appellant, learned Addl. Advocate General and learned Public Prosecutor and perused the material available on record.

(3.) Pressing the instant application for suspension of sentences filed on behalf of the applicant Hukmi Chand, learned counsel Shri Vineet Jain vehemently and fervently contended that the entire prosecution case is false and fabricated. The prosecution came out with a case that the appellant was having strong disliking for his wife, deceased Smt Veena but the fact remains that after the marriage of the appellant with the deceased Smt. Veena, a child was born to both of them. The appellant nominated the deceased in his insurance policies. He further submits that the entire foundation of the prosecution case is based on assumption that the applicant-appellant strangulated the deceased by stethoscope whereas in the entire evidence of medical officer Dr. P.K. Saini (PW13), no endeavor was made by the prosecution to elicit an opinion that the death of Smt. Veena was homicidal i.e., by strangulation. He urged that the medical officer Dr. P.K. Saini, while deposing as PW.13, clearly opined that the cause of death of Smt. Veena was antemortem hanging. He further submits that the appellant was seen lying unconscious in the very same room where the deceased Smt. Veena ended her life by hanging. As per Shri Jain, in all probability, the accused panicked when he saw his wife in such a condition and appears to have taken the drastic step of ending his own life by consuming poison after failing to revive Smt. Veena despite all efforts. Learned counsel Shri Jain further submits that the applicant-appellant was on bail during trial and he did not misuse the liberty so granted to him. On these submissions, Shri Jain craves acceptance of this application for suspension of sentences.