Smt Kamla vs State Of Rajasthan
2022 Latest Caselaw 8906 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODH-

PUR D. B. Criminal Misc Suspension of Sentence Application (Appeal) No. 761/2021

Smt. Kamla W/o Late Shri Madan Lal Mali, aged about 40 years, B/c Mali, R/o Moti Nagar Colony, Bijay Nagar, District Ajmer.

(Presently lodged in Central Jail, Udaipur).

                                                                   ----Petitioner
                                     Versus
State of Rajasthan
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Kaluram Bhati
For Respondent(s)         :     Mr. B.R. Bishnoi, AGC



        HON'BLE THE CHIEF JUSTICE MR. S S SHINDE
               HON'BLE MR. JUSTICE RAMESHWAR VYAS

                                     Order

07/07/2022

The applicant has been convicted and sentenced as below

vide Judgment dated 04.01.2021 passed by Additional Sessions

Judge No. 2, Chittorgarh in Sessions Case No. 47/2017 :-

Offence                   Sentences             Fine               Default
                                                                   sentences
U/s 302/120-B IPC         Imprisonment Rs. 10,000/-                2 months' SI
                          for life
U/s 201 IPC               7 years RI            Rs. 5,000/-        1 month SI

The applicant has moved this application under Section 389

Cr.P.C. seeking suspension of sentences awarded to him by the

trial court.

Learned Public Prosecutor has filed reply to the application

for suspension of sentences.

(2 of 4) [SOSA-761/2021]

Heard learned counsel for the applicant and learned Public

Prosecutor and perused impugned judgment and original record of

the case.

Learned counsel for the applicant submits that main

allegation is against co-accused Sanwarlal @ Sanwara who has

expired. As per medical report, cause of death of the deceased

Suresh Chandra was injuries sustained by him. There is no

direct evidence against the applicant. He further submits that

conviction in the present case has been recorded on the basis of

circumstantial evidence, which was not sufficient to convict her.

The evidence of P.W. 3 - Ashok did not suggest that applicant

inflicted any injury to the deceased. At the most, as per

statements, applicant handed over inflammable substance

Kerosene etc. to the co-accused Sanwarlal @ Sanwara, who set

ablaze the body of the deceased. There is nothing on record to

suggest that anyone saw applicant causing death of the deceased.

The applicant has been convicted under Section 302 r/w Section

120-B & 201 of I.P.C. However, there is no evidence on record to

substantiate the conviction under Section 120-B of I.P.C. No

independent witness alleged any enmity between the applicant

and the deceased. However, as per statement of the Investigating

Officer, there was illicit relation between deceased Suresh Chandra

and the applicant.

He further submits that another piece of evidence relied

upon by the prosecution is recovery of bloodstained clothes from

the possession of Kamla (applicant herein) in pursuance of her

information recorded under Section 27 of the Indian Evidence Act

(Ex.P/66). The incident occurred on 20.11.2016 and the alleged

(3 of 4) [SOSA-761/2021]

recovery was made on 28.11.2016. He further submits that on

the basis of CCTV footage, it cannot be said that applicant caused

death of the deceased. He further submits that applicant is

behind the bars for last more than five years. Hearing of the

appeal is likely to take sufficient long time. He, therefore, prays

that sentences awarded to the applicant may be suspended during

pendency of the appeal.

On the other hand, learned Public Prosecutor submits that

prosecution has proved its case on the basis of statement of

P.W. 3 - Ashok, which has been corroborated by recovery of

bloodstained clothes of the deceased from the possession of the

applicant.

Having regard to the facts and circumstances of the case as

well as arguments advanced by learned counsel for the parties, we

are of the opinion that there are strong grounds available to the

applicant so as to assail her conviction recorded by the trial court.

There is no direct evidence on record to connect her with the

offence. As per statement of wife of the deceased Manju Devi

(P.W. 24), there was no enmity between her husband and the

applicant.

Without commenting on merits of the case, looking to the

nature of statement made by P.W. 3 - Ashok and the alleged re-

covery of bloodstained clothes from the possession of the

applicant, we are inclined to allow this application for suspension

of sentence.

Accordingly, the application for suspension of sentences filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the Additional Sessions Judge No. 2,

(4 of 4) [SOSA-761/2021]

Chittorgarh vide Judgment dated 04.01.2021 in Sessions Case

No. 47/2017 against applicant - Smt. Kamla W/o Late Madan

Lal Mali, shall remain suspended till final disposal of the aforesaid

appeal and she shall be released on bail, provided she executes a

personal bond in the sum of Rs.50,000/- with two sureties of

Rs.25,000/- each to the satisfaction of the trial Judge for her

appearance in this Court on 04.08.2022 and whenever ordered to

do so till disposal of the appeal on the conditions indicated below:-

1. That she will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant changes the place of residence, she will give in writing her changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

The trial Court shall keep the record of attendance of the

accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant was tried and convicted. A copy of this order shall also

be placed in that file for ready reference. Criminal Misc. file shall

not be taken into account for statistical purpose relating to

pendency and disposal of cases in the trial court. In case the said

accused applicant does not appear before the trial court, the trial

Judge shall report the matter to the High Court for cancellation of

bail.

                                   (RAMESHWAR VYAS),J                                              (S. S. SHINDE),CJ


                                    55-Samvedana/Inder/-









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