[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Suresh Kumar vs State Of Rajasthan ... on 3 December, 2025
Bench: Vinit Kumar Mathur, Anand Sharma
[2025:RJ-JD:52054-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No.1890/2025
Suresh Kumar S/o Shri Gopala Ram, Aged About 40 Years,
Resident Of Village Bhimsar, Police Station Salasar, Tehsil
Sujangarh, District Churu. (At Present Lodged In Sub Jail,
Sujangarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Vikas Bijarnia
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
assisted by Mr. K.S. Kumpawat, AAAG
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE ANAND SHARMA
Order
03/12/2025
1. Heard learned counsel for the appellant-applicant.
2. The present application has been filed by the applicant-
appellant (husband of the deceased) under Section 430 of the
BNSS seeking suspension of sentence awarded to him by the
learned Additional Sessions Judge, Sujangarh, District Churu in
Sessions Case No.18/2019 vide judgment dated 29.07.2025,
whereby the applicant-appellant has been convicted for the
offence under Sections 323 & 302 of IPC.
3. Learned counsel for the appellant-applicant vehemently
submits that the cause of death is on account of hospital infection
suffered by the deceased during the course of treatment and
therefore, the same cannot be attributed to the burnt injuries. The
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learned counsel further submits that the appellant suffered
incarceration of six and a half years. Learned counsel submits that
the appellant-applicant has been falsely implicated in the present
case and in the present case, the material witnesses have been
declared hostile. He, therefore, prays that the present application
for suspension of sentence may be allowed.
4. Learned Additional Advocate General opposes the present
application for suspension of sentence.
5. We have considered the submissions made at the bar and
have gone through the relevant record of the case.
6. In the present case, the dying declaration (Exb.-19) of the
deceased Smt. Sanju Devi was recorded, wherein she specifically
stated that on the fateful date, her husband was in drunken
condition and in the entire day, he not only altercated with her but
also assaulted her. She also stated that at about 09:00 A.M. the
appellant-applicant has brought diesel and at about 01:00 P.M., he
poured the diesel upon her and then lit the fire through
matchstick. On the similar lines, she has stated in her statement
(Exb.-7). We find that the dying declaration has been recorded in
accordance with law after taking fitness certificate from the
Doctor.
7. There is no reason for us to disbelieve the dying declaration
(Exb.-19) and the statement of the deceased (P.W.-7). There is
sufficient evidence on record in the shape of the statement of
P.W.-16, Dr. Bhagwan Sahay, who has stated that the deceased
Sanju Devi was admitted in the hospital after suffering burn
injuries and because of the burn injuries, she got the hospital
infection which was the cause of death.
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8. In the considered opinion of this Court, there is sufficient
evidence available on record, which shows that on account of the
burn injuries suffered by the deceased, she was admitted in the
hospital and during the course of the treatment, she got hospital
infection which was the main reason of the death of the deceased,
we are not inclined to suspend the sentence of the appellant-
applicant at this stage.
9. The present application for suspension of sentence is,
therefore, dismissed.
(ANAND SHARMA),J (VINIT KUMAR MATHUR),J
37-GKaviya/-
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