Khilan vs The State Of Madhya Pradesh
2021 Latest Caselaw 3538 MP

                                   1                                CRA-1914-2021
          The High Court Of Madhya Pradesh
                     CRA-1914-2021

(KHILAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 22-07-2021 Heard through Video Conferencing.

Shri Mahendra Pateria, learned counsel for the appellant/applicant. Shri A.Rajeshwar Rao, learned Government Advocate for the State. Heard on I.A.No.4581/2021 which is an application under Section 389(1) CrPC for suspension of custodial sentence of the applicant-Chandabai

who has been convicted under Section 304 B/34 of IPC and sentenced to undergo life imprisonment and fine of Rs.2000/- and in default of payment of fine, suffer 2 months R.I.

The grounds taken by the applicant for pressing the suspension are that the deceased was married to her son against her wish. The deceased was not happy with the marriage, therefore, she might have committed suicide. The letter allegedly written by the deceased expressing her agony and the cross- examination of father of the deceased PW-1 have been referred to in this regard.

Another ground is that the prosecution could not establish the cause of death of the deceased. No external or internal injury were noticed in the post mortem. The deceased died due to some abdomen pain or she might have consumed some poisonous substance mistakenly considering it to be a medicine, therefore, the applicant cannot be held responsible for the same. It is further submitted that during the trial, the applicant was on bail. The appeal is likely to take time to be heard finally, therefore her sentence be suspended.

Learned Public Prosecutor has opposed the prayer by submitting that there is nothing on record to rebut the presumption enshrined under Section 113 B of the Evidence Act. The trial Court has discussed the letter of the deceased, referred to by the applicant, in paragraph 19 and 20 of the impugned judgment and it is believed that its authenticity could not be 2 CRA-1914-2021 established before the Court. There is nothing on record to show that the deceased was suffering any abdomen pain and she had any medical history in that regard. There is nothing to doubt the findings of the trial Court which are well founded on proper appreciation of the evidence, therefore, the applicant is not entitled for suspension of sentence.

At this stage, learned counsel for the applicant prays for and is

permitted to withdraw the application.

Resultantly, I.A.No.4581/2021 is dismissed as withdrawn.

   (PRAKASH SHRIVASTAVA)                                (VIRENDER SINGH)
          JUDGE                                                 JUDGE


anand
Digitally signed by
MRS. LORETTA RAJ
Date: 2021.07.23
14:32:37 +05'30'