Madhya Pradesh High Court
Premkunwar vs The State Of Madhya Pradesh on 25 March, 2022
Author: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1314 of 2015
(PREMKUNWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 25-03-2022
Shri Lokesh Kumar Bhatnagar, learned counsel for the appellant no.2.
Shri Kamal Kumar Tiwari, learned counsel for the respondent State.
Heard on I.A. No.7549/2021 which is repeat third application filed under
Section 389(1) of Cr.P.C. for suspension of remaining jail sentence on behalf of
appellant no.2 Vidhya Kuwar.
The first application (I.A.No.498/2016) for suspension of jail sentence of
appellant no.2 was dismissed on merits on vide order dated 29.06.2016 and
second application for temporary suspension on behalf of appellant no.2 was
considered on the ground of death of her father and was allowed vide order dated
24.09.2016.
The appellant no.2, who has been convicted under Sections, 498-A and 302
of IPC and sentenced to undergo 1 year R.I and Life imprisonment with fine of
Rs.500/- and Rs.2000/- respectively with default stipulations vide judgment dated
10.09.2015 delivered in Sessions Trial No.123/2014 by First Additional Sessions
Judge, Jaora District Ratlam.
As per prosecution story, the marriage of deceased Mamta and Dhara Singh
was held on 21.05.2013. Thereafter she started living in the house of her in-laws.
Some dispute arose between them. Thereafter Dharasingh and Mamta (deceased)
started living in a separate house. On 11.03.2014, near about 08:00 PM, she came
out from the house in burning condition and was immediately taken to the hospital
by her husband Dhara Singh. Information was sent to the police station and
investigation set into motion. The police recorded her statement (Ex-D-1) in which
she has stated that she suffered burn injuries while cooking food in her house. On
the next day, i.e,12.03.2014, a dying declaration of the deceased was recorded in
which she has alleged that near about 8.00 PM she went to the house of her father-
in-law to take some article where her mother-in-law and sister-in-law started
assaulting her. Thereafter father-in-law Ramsingh and sister-in-law Vidya Kumar
caught her and mother-in-law poured kerosene from chimney and burned her. On
the basis of the dying declaration, FIR under Section 498-A, 304 (B), 302 and
302/34 of IPC was registered against Ram Singh, Prem Kuwar and Vidya Kuwar.
They were tried and convicted as stated above. During the pendency of this appeal
father-in-law of the deceased Ram Singh expired.
Learned counsel for the appellant no.2 submits the learned trial Court has
wrongly disbelieved Ex-D-1 which was immediately recorded in which deceased
has not alleged anything. It is further stated that as per Ex- D-1, spot map and Ex-
P14, the incident said to have taken place in the house of the deceased but as per
the dying declaration the incident said to have taken place at the house of her
father-in-law and mother-in-law. Therefore, there is no corroboration in respect of
the place of incident disclosed in the dying declaration. Rajendra Singh (PW-2)
and Umakuwar (PW-3) father and mother of the deceased have not supported the
case of prosecution and have also denied any cruelty or demand of dowry by the
appellants. Even the husband of the deceased has not supported the case of
prosecution. Under such circumstances, counsel for the appellant no.2 prays for
suspension of jail sentence.
Learned Govt. Advocate for the respondent/State opposes the prayer for
suspension of jail sentence of the appellant no.2.
Considering the facts and circumstances of the case and the arguments
advanced by learned counsel for the parties,we are of the the considered opinion
that the application for suspension of custodial sentence moved on behalf of the
sole appellant deserves to be allowed.
Accordingly, I.A. No.7549/2021 is allowed and it is directed that subject to
depositing fine amount and on furnishing personal bond by the appellant no.2. in
the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the
like amount to the satisfaction of the learned trial Court for her appearance before
the Court, the execution of custodial part of the sentence shall remain suspended,
till the final disposal of this appeal.
The appellant no.2 Vidya Kuwar after being enlarged on bail, shall mark her
presence before concerned trial court on 26/09/2022 and on all such subsequent
dates, which are fixed in this regard by Trial Court concerned.
I.A.No.19557/2021 an application for early hearing stands disposed of.
Certified copy, as per rules.
das
Digitally signed by
REENA PARTHO SARKAR
Date: 2022.03.26
15:48:52 +05'30'
(VIVEK RUSIA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
das
