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2011 DIGILAW 1321 (PNJ)

Boota Singh v. State of Punjab

2011-06-03

S.S.SARON

body2011
JUDGMENT S.S. Saron, J.:- Affidavit of Shri Amrik Singh, PPS., Deputy Superintendent, Sub Jail, Moga filed in Court today is taken on record. 2. Heard learned counsel for the parties. 3. The applicant-appellant Boota Singh seeks suspension of sentence of imprisonment awarded to him during the pendency of the appeal. The appellant-applicant has been convicted by the learned Additional Sessions Judge, Moga for the offence under Section 304-B IPC. He has been sentenced to undergo rigorous imprisonment for seven years and three months for the said offence. 4. In terms of the affidavit of Shri Amrik Singh that has been filed in Court today, the appellant-applicant till 7.12.2010 has undergone imprisonment of 3 years, 2 months and 1 day out of the sentence of 7 years and 3 months. The appeal is not likely to mature for hearing in the near future. There are arguable points in the appeal which would require consideration at the time of final hearing. 5. According to the learned senior counsel for the appellant-applicant, Harjit Kaur (deceased) was a double MA and was married to the appellant-applicant Boota Singh on 17.11.2005. It is submitted that the appellant-applicant was under-Matric and the marriage was a mismatch. Due to the said reason, Harjit Kaur (deceased) was under depression. Due to this reason she committed suicide by consuming some poisonous substance. It is submitted that Harjit Kaur (deceased) being educated was unable to take care of cattle and other household work. Harjit Kaur in fact had been pressurizing the appellant-applicant to shift to Moga. In this respect, it is submitted that these aspects were proved by cross-examination of the witnesses, however, the same were not considered. The said aspects would require consideration at the time of final hearing. 5. Keeping in view the imprisonment undergone by the appellant-applicant and also the fact that the appeal is not likely to mature for hearing in the near future, it would be just and expedient in the facts and circumstances to suspend the sentence of imprisonment during the pendency of the appeal. 6. Accordingly, the criminal miscellaneous application is allowed and the sentence of imprisonment of the appellant-applicant during the pendency of the appeal shall remain suspended subject to the appellantapplicant furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Moga. ---------0.B.S.0------------