Rajasthan High Court
Vikas S/O Shri Mahavir B/C Ahir vs State Of Rajasthan on 27 August, 2021
Bench: Sandeep Mehta, Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Application for Suspension of Sentences No.
676/2021
In
D.B. Criminal Appeal No. 361/2019
Vikas S/o Shri Mahavir, Aged 30 Years, R/o Khanpur Ahir Police
Station Kotkasim, Distt. Alwar Raj. At Present Lodged in the
Central Jail Alwar.
----Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Ashwin Garg
For Respondent(s) : Mr. Javed Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Judgment
27/08/2021
The appellant applicant herein stands convicted and
sentenced as below vide judgment dated 27.08.2019 passed by
the learned Additional Sessions Judge No.1, Kishangarhbas
(Alwar) in Sessions Case No.47/2018 (CIS No.126/2018):
Offences Sentences Fine Fine Default
sentences
Section 302 IPC Life Rs.25,000/- 3 Months' R.I.
Imprisonment
Learned Public Prosecutor has filed reply to the application
for suspension of sentences.
The charge against the appellant is of strangulating and
murdering his wife Smt. Mamta. Counsel Shri Garg vehemently
and fervently urged that the theory portrayed by the prosecution
(2 of 2)
that the deceased was strangulated, is falsified from the evidence
of Medical Jurist (PW-12) Dr. Manoj Saini. He urged that as a
matter of fact, the deceased herself committed suicide by hanging
and thus, the appellant deserves indulgence of bail in this case.
Per contra, learned Public Prosecutor vehemently and
fervently opposed the submissions advanced by appellant's
counsel. He pointed out that poison Cypermethrin was first
administered to the deceased and while she was under the effect
of poisonous substance, she was strangulated. He urged that
when the ligature mark was opened, haemotoma was seen in the
underlyig muscles. He thus urged that the appellant does not
deserve indulgence of bail in this case.
We have given our thoughtful consideration to the
submissions advanced at bar and, have gone through the material
available on record.
The appellant is the husband of the deceased Smt. Mamta.
There is pertinent allegation of the prosecution that the appellant
herein used to harass and humiliate the deceased. He was present
in the room inside the house when the incident took place. The
Medical Jurist (PW-12) Manoj Saini opined that the cause of death
of Mamta was asphyxia. The final opinion regarding cause of death
was reserved for receiving the viscera report which was proved by
the prosecution as Ex.P/12. In this report, presence of "Synthetic
Pyrethroid i.e. Cypermethrin" was found in the visceras of the
deceased. Apparently thus, it is a case wherein, the deceased was
first poisoned and then strangulated and killed.
In this background and, considering the nature and gravity
of allegations, we are not inclined to suspend the sentences
awarded to the appellant by the trial court.
However, we make it clear that any of the observations made
herein above shall not prejudice the defences of the accused when
the appeal is being finally considered.
The application for suspension of sentences is dismissed
accordingly.
(RAMESHWAR VYAS),J (SANDEEP MEHTA),J
Tikam/Ashu /10
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