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2015 DIGILAW 2027 (PNJ)

Rajesh v. State of Haryana

2015-11-03

AMOL RATTAN SINGH, S.S.SARON

body2015
JUDGMENT 1. Learned counsel for the State has filed affidavit of Shri Daya Nand, Superintendent, District Jail, Rohtak mentioning the period of imprisonment undergone by Shakuntla @ Bhuri (applicant/appellant No. 3).The same is taken on record. 2. The criminal miscellaneous application has been filed by Shakuntla @ Bhuri (applicant/appellant No. 3) seeking suspension of sentence of her imprisonment during pendency of the appeal. 3. The Police Post Kharak on 07.01.2010 received a phone call that Suman (deceased in the case) wife of Vinod was admitted in PGIMS Rohtak due to burn injuries . ASI Satbir Singh along with Constable Satbir Singh reached the Police Post, PGIMS Rohtak. An application was moved to the doctor for taking his opinion regarding fitness of injured-Suman to make a statement. The doctor declared her fit to make a statement. An application was moved by ASI Satbir Singh before the learned Duty Magistrate, Rohtak for recording statement of Suman-injured. The Duty Magistrate, Rohtak asked him to first register a case. An endorsement was also made by learned Duty Magistrate, Rohtak on the application. Satbir Singh ASI along with Constable Satbir Singh reached PGIMS, Rohtak and again moved an application for taking opinion regarding fitness of Sumaninjured to make a statement. This time she was declared unfit by the doctor to make a statement. The statement of Balwant Singhcomplainant (father of Suman) was then recorded. According to Balwant Singh (complainant) his daughter Suman was married to Vinod on 27.04.2009. Dowry beyond to his capacity was given by him at the time of marriage. The accused were, however, dissatisfied with the dowry and they used to beat and harass his daughter Suman (deceased) for bringing more dowry. Vinod informed them on 07.01.2010, that Suman (deceased) had sustained burn injuries. Balwant Singh (complainant) along with his wife and son Ravi Kumar reached the hospital. They inquired from Suman (deceased) regarding the burn injuries. Suman (deceased) informed them that at around 1.00 pm, her husband Vinod, father-in-law Krishan, Mother in law Bhuri alias Shakuntala (applicant/appellant No. 3), elder sister-inlaw (‘Jethani’) Daya (appellant No. 2) had poured kerosene oil on her and her elder brother-in-law (‘Jeth’) Rajesh (appellant No. 1) had set her ablaze. Suman (deceased) suffered 100% burn injuries. 4. A memo was sent through Constable Satbir Singh for registration of a case (FIR) for the offences punishable under Sections 307 and 498-A, IPC. 5. Suman (deceased) suffered 100% burn injuries. 4. A memo was sent through Constable Satbir Singh for registration of a case (FIR) for the offences punishable under Sections 307 and 498-A, IPC. 5. Statement of Suman (deceased) under Section 164 Cr.P.C, was also recorded before the learned Magistrate at PGIMS, Rohtak. On the intervening night of 14/15.01.2010 she succumbed to her burn injuries at PGIMS, Rohtak and died. According to the affidavit that has been filed in Court today, Shakuntala @ Bhuri (applicant/appellant No. 3) has undergone actual imprisonment of five years, eight months and three days as on 02.11.2015. This includes imprisonment of three years, seven days and twenty days after conviction. It is mentioned in the affidavit that she was 70 years of age at the time of conviction. By now she is about 73-75 years. 6. Keeping in view the long imprisonment undergone by Shakuntala @ Bhuri (applicant/appellant No. 3) as also her age besides 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 her imprisonment during pendency of the appeal. 7. Accordingly, the criminal miscellaneous application is allowed and the sentence of imprisonment of Shakuntala @ Bhuri (applicant/appellant No. 3) shall, during pendency of the appeal remain suspended subject to her furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Bhiwani. ---------0.B.S.0------------