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2020 DIGILAW 291 (RAJ)

Jagaram v. State of Rajasthan

2020-01-30

SANDEEP MEHTA, VIJAY BISHNOI

body2020
JUDGMENT 1. Heard learned counsel for the applicant-appellant and learned Public Prosecutor on the application for suspension of sentences. 2. Learned counsel for the applicant-appellant has submitted that the trial court has grossly erred in convicting the applicantappellant for the offence punishable under Sections 498A and 304-B I.P.C. It is argued that from the perusal of statements of mother of the deceased, Baga Ram (PW-11) and grand-mother Smt. Mathra Devi (PW-12), it is clear that there was no specific demand of dowry on the part of the appellant and omnibus allegations regarding the same have been levelled against him. 3. Learned counsel has further argued that it is an admitted position that at the time of incident, the appellant was not at his house and only convict Sati alias Chhati Devi, mother-in-law of the deceased was there, whose sentences awarded by the trial court have already been suspended by this Court vide order dated 10.1.2020. It is also submitted that prior to the alleged incident of death of the deceased, no such complaint regarding demand of dowry or harassment was ever filed by the complainant or by the deceased. Learned counsel for the appellant has further submitted that cause of death of the deceased as per the PMR is hypovolumic shock due to extensive burns and no sign of any other external injury was found on the body of the deceased when autopsy was conducted. 4. Learned Public Prosecutor has opposed the application for suspension of sentence. 5. Having heard learned counsel for the parties and having gone through the statements of Baga Ram (PW-11), Smt. Mathra Devi (PW-12) and Dr. Suresh Kumar Lakhara (PW-2), who conducted the post mortem of the deceased and having taken into consideration the fact that the sentences of convict Sati alias Chhati Devi have already been suspended by this Court, we are of the opinion that it is a fit case for suspending the sentences awarded to the convict appellant. 6. Suresh Kumar Lakhara (PW-2), who conducted the post mortem of the deceased and having taken into consideration the fact that the sentences of convict Sati alias Chhati Devi have already been suspended by this Court, we are of the opinion that it is a fit case for suspending the sentences awarded to the convict appellant. 6. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Sessions Judge, Jalore, vide judgment dated 25.09.2019 in Sessions Case No.45/2013 (CIS No.139/2014) against the appellant-applicant Jagaram S/o Kasna, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.40,000/- with two sureties of Rs.20,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 03.03.2020 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their 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. 7. The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were 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(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.