Rajasthan High Court
Mamraj Son Of Shri Dhudaram vs State Of Rajasthan on 21 October, 2021
Bench: Pankaj Bhandari, Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Suspension of Sentence Application
No.769/2021
In
D.B. Criminal Appeal No. 371/2019
Mamraj S/o Shri Dhudaram, R/o Village Rajpura Police Station
Ranoli Distt. Sikar At Present In Distt. Jail Sikar
----Applicant
Versus
State Of Rajasthan, through PP
----Respondent
For Appellant(s) : Mr. Harendra Singh with
Mr. Rajesh Choudhary
For Respondent(s) : Mr. Rajendra Yadav AAG &
Mr. Javed Choudhary, AGA
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
21/10/2021
1. Applicant has preferred this suspension of sentence
application.
2. Heard on application for suspension of sentence.
3. It is contended by counsel for the applicant that the
allegation in the FIR was against applicant as well as his father
and mother, however, police filed charge-sheet only against
appellant under Sections 498-A and 304-B of IPC. Court below has
convicted the applicant for offence under Section 302 of IPC. It is
also contended that applicant was not present at the place of
occurrence which is coming out from the statement of witnesses.
(2 of 3) [SOSA-769/2021]
It is further contended that the deceased was rushed to the
hospital which goes to show that the applicant has been wrongly
convicted for offence under Section 302 of IPC. It is contended
that Shankar Lal Sharma visited the house of the applicant and as
per his statement the deceased was alive and she was taken to
the hospital.
4. Counsel for the appellant has placed reliance upon C.
Manippan & Ors. Vs State of Tamil Nadu, AIR 2010
Supreme Court 3718.
5. Learned AGA and AAG have opposed the suspension of
sentence application. It is contended that from the post-mortem
report, it is revealed that the death occurred due to manual
throttling. It is also contended there was multiple comma shaped
stretch marks on each side of the neck which establishes that
deceased got throttled to death by the applicant who happens to
be the husband. With regard to plea of alibi, it is revealed that the
place where appellant shows his presence is just 300 to 400 yards
from the place of occurrence. It is further contended that Shankar
Lal Sharma is not a reliable witness as he has turned hostile.
There is no record in the hospital to the fact that deceased was
taken to the hospital and oral evidence in this case cannot be
taken note of.
6. We have considered the contentions.
7. Applicant happens to be the husband of the deceased. As per
the prosecution version and as per the post-mortem report,
deceased was throttled to death as there are marks of injuries on
her neck. The plea of alibi cannot be taken note of as the place
(3 of 3) [SOSA-769/2021]
where the applicant contends that he was present just 300-400
yards from the place of occurrence.
8. Statement of Shankar Lal Sharma cannot be taken note at
this stage, as there is no evidence that the deceased was taken to
hospital and the judgment relied upon by the counsel for the
applicant does not apply to the facts of this case and cannot be
taken note at this stage for deciding an application for suspension
of sentence, hence, we are not inclined to entertain the application
for suspension of sentence.
9. Criminal Misc. Suspension of Sentence Application is
accordingly, dismissed.
(MADAN GOPAL VYAS),J (PANKAJ BHANDARI),J
HEENA/08
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