Krishna Bai vs The State Of Madhya Pradesh
2022 Latest Caselaw 8104 MP

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                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                               CRA No. 4297 of 2022
                                                 (KRISHNA BAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 20-06-2022
                                     Shri Ankit Saxena, learned counsel for the appellants.

                                     Shri Yogesh Dhande, learned Government Advocate for the respondent/State.

I.A. No.8144/2022, first application for suspension of sentence and grant of bail to appellants Krishna Bai and Seema is taken up.

The appellants have been convicted by the trial Court under Section 304-B/34 of the I.P.C. and sentenced to undergo R.I. for life with fine of Rs.10000/- with default

stipulation.

As per prosecution case the deceased Prabhawati has committed suicide by hanging herself due harassment by husband and in-laws for dowry.

Learned counsel for the appellants submits that the Court below has not considered the evidence on record properly and the judgment of conviction is based on erroneous findings. It is further contended that the prosecution has failed to prove the case against the appellants and the trial Court has not considered the statement of Naresh Kushwaha (PW-1) brother of the deceased Prabhawati in paragraph-8 that there was good terms with the family members in matrimonial house. It is also admitted that there

was no complaint with regard to demand of dowry. It is submitted that the prosecution has failed to prove that the deceased was subject to cruelty and therefore, the presumption under section 113-B has been rebutted by the evidence. It is contended that the appellants are in custody since 20.04.2022. The disposal of the appeal would take a considerable time, hence, it is prayed that the remaining jail sentence of the appellants Signature Not Verified SAN may be suspended.

Digitally signed by RASHMI TIKARAM CHIKANE Date: 2022.06.21 11:10:27 IST The prayer is opposed by learned Government Advocate for the respondent/State

vehemently on ground that the deceased has committed suicide within 7 years of her marriage due to cruelty in matrimonial home for demand of dowry.

We have heard learned counsel for the parties and perused the record. As per the prosecution case, the deceased has committed suicide by hanging herself within 15 months of her marriage.

In view of the fact that the deceased has committed suicide by hanging within 15 months of her marriage due to cruelty at the hands of in-laws for demand of dowry, thus we are not inclined to suspend the remaining jail sentence of appellants at this stage, moreso, when appellants was on bail during the trial. Thus, without expressing any conclusive opinion at this stage, bail application deserves to be rejected.

Accordingly, I.A. No.8144/2022 is dismissed.

                              (SUJOY PAUL)                                          (PRAKASH CHANDRA GUPTA)
                                 JUDGE                                                       JUDGE

                         RC




Signature Not Verified
  SAN




Digitally signed by RASHMI TIKARAM
CHIKANE
Date: 2022.06.21 11:10:27 IST