Panna Lal S/O Shri Ramnath B/C ... vs State Of Rajasthan
2021 Latest Caselaw 278 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

   D.B. Cr. Misc. Suspension of Sentence Application No. 1001/2020
                                   In
                   D.B. Criminal Appeal No. 224/2019
Panna Lal S/o Shri Ramnath, R/o Garjani, presently Railway Station
Kapren District Bundi. At present in District Jail, Bundi.

                                                            ----Accused Appellant
                                     Versus
State Of Rajasthan through PP
                                                                  ----Respondent

For Appellant(s) : Mr. Biri Singh (Senior Advocate) Mr. Mohit Balwada For Respondent(s) : Mr. N.S. Gurjar, PP For complainant Mr. Raghav

HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order 13/01/2021

This suspension of sentence application has been filed

under Section 389 CrPC.

Learned counsel for the appellant submits that

appellant was on bail during trial. The trial court has neither

believed on the statement of independent witnesses nor they have

been declared hostile, whereas they categorically stated that the

deceased Sarita was residing happily with the appellant and there

was no dispute between them. The gold articles were given in the

marriage of Devendra (deceased Sarita's brother) for groom

(Dulhan) and for this purpose, they were taken out of the locker.

After marriage, the complainant/s did not return the gold articles

and this fact has been admitted by the independent witnesses. On

this count, deceased Sarita came in depression and she was being

treated by a psychiatrist. Under these circumstances, she

committed suicide. The appellant has been falsely implicated in

(2 of 2) [CRSOS -1001/2020]

this matter, hence sentence awarded to him by the court below is

required to be suspended.

On the other hand, learned PP appearing for the State

assisted by counsel for the complainant have opposed the same.

Learned counsel for the complainant submits that the deceased

was tortured by the appellant and for this reason, a miscarriage

was done. Thereafter out of the wedlock, another girl borne. He

further submits that since the death took place within 7 years of

marriage, therefore, presumption as to dowry death under Section

113-B of the Evidence Act ought to have been drawn against the

appellant and his sentence should not be suspended.

Having regard to the submissions made by learned

counsel for the parties and taking into consideration the material

on record, but without expressing any opinion on the merits and

demerits of the case, we are inclined to suspend the sentence of

the accused appellant.

Accordingly, this suspension of sentence application is

allowed and it is ordered that the sentence awarded to the

accused appellant Panna Lal S/o Ramnath by the trial court vide

judgment dated 27.6.2019 in Sessions Case No. 166/2017 shall

remain suspended during the pendancy of the appeal, provided he

furnishes a personal bond in the sum of Rs. 1,00,000/- with two

sureties in the sum of Rs. 50,000/- each to the satisfaction of the

trial court with the stipulation that he shall appear before this

Court on 15.2.2021 and thereafter as and when called upon to do

so.

(CHANDRA KUMAR SONGARA),J (PRAKASH GUPTA),J

DILIP KHANDELWAL /13

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