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2004 DIGILAW 839 (MP)

Santosh Singh v. State of M. P.

2004-10-15

RAKESH SAKSENA

body2004
JUDGMENT Heard on the question of admission. Perused the record. Appeal is arguable, hence, admitted for hearing. Issue notice to the respondents. Also heard on M.Cr.P. No. 2087 of 2004, for suspension of sentence of appellants. Appellants have been convicted under section 304B and 298A of IPC and have been sentenced to suffer RI for 10 years and to pay fine of Rs. 1,000/- each. No sentence u/s 498A IPC has been awarded. According to the prosecution, Kamlesh Bai (deceased) had been married to Chandra Pal Singh in the year 1996. On 3.5.1998, she was taken to Hospital in the bum condition by the accused persons where during treatment, she died on 4.5.1998. Learned counsel for the appellants has submitted that dying declaration Ex. D-2 was recorded by PW 4 Lachchhiram Naib Tahsildar and the same was endorsed by Dr. Sudhir Rathore (PW 5), wherein the deceased had stated that she had suffered bum injuries due to fall of kerosene lamp and she had been brought to Hospital by mother-in-law and father-in-law. According to father of deceased namely Badal Singh Yadav (PW 1), he had never made any complaint against accused persons of any kind of cruelty to Police or anybody else. He has further stated that he had submitted report to police after about 8 days of the incident. However, no such report is on record. There is no specific allegation of cruelty caused by appellants soon before the alleged incident. Accused persons were present at the time when Panchnama-lash was prepared and they themselves took the deceased to hospital with a view to save her life. In view of the above circumstances and the fact that the appellants were on bail during course of trial, this application for suspension of sentence of appellants is allowed. Appellants are directed to be enlarged on bail on their furnishing personal bond in the sum of Rs. 20,000/- each with two solvent sureties in the like amount to the satisfaction of trial Court for their appearance before Registrar of this Court on 15.12.2004 and on further dates as may be fixed thereafter. Certified copy as per rules.