Rajasthan High Court - Jaipur
Smt Draupadi vs State Of Rajasthan Through P.P on 13 December, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. CR. MISC. SUSP. OF SENT. APP. NO.786/2012 IN D.B. CRIMINAL APPEAL NO.546/2012 Smt. Draupadi Vs. State Date of order : 13/12/2012. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ HON'BLE DR. JUSTICE MRS. MEENA V GOMBER Shri Kamlendra Sihag for the appellant. Smt. Rekha Madnani, PP for State. ******
This application for suspension of sentence has been preferred by accused-appellant Draupadi, who has been convicted by judgement of the trial court dated 18.6.2012 for offence u/s.498A, 323, 304B, 302 and 201 of IPC. While for offence under Section 302 of IPC, she has been sentenced to undergo life imprisonment, for other offences, she has been awarded sentence of different durations.
Contention of the learned counsel for the appellant is that appellant is a woman approximately 60 years of age. She was on bail during trial. It is contended that parents of deceased were informed about the accidental death of the deceased. PW-5 Dr. Jagmohan has stated she was brought to the hospital on account of death by drowning and he did not see any visible injuries on her person. Mother of the deceased Bhagwani Devi, her brother Sunil and uncle Keshav Singh immediately arrived on the same date of death. In fact, later they participated in the cremation, which fact has been admitted by investigating officer PW-4 Mool Singh Rana and SHO PW-9 Ram Chandra in their statements.
Learned Public Prosecutor opposed the application for suspension of sentence and submits that it is a case where conviction has been made under Section 302 of IPC, therefore, accused-appellant may not be extended the benefit of suspension of sentence.
Taking into consideration all the facts and circumstances of the case and without expressing any opinion on the merits of the case, we are inclined to suspend the sentence awarded to the accused appellant during pendency of the appeal.
Accordingly the application for suspension of sentence is allowed.
It is ordered that the sentence awarded by the learned trial court to the accused appellant Smt. Draupadi W/o Shri Saheb Singh in Sessions Case No.2/2011, shall remain suspended till the final disposal of the appeal; provided he executes a personal bond in the sum of Rs.50,000/- along with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial court for his appearance in this Court on 15.1.2013 and whenever called upon to do so.
(DR.MEENA V GOMBER),J. (MOHAMMAD RAFIQ), J. RS/17
All corrections made in the judgement/order have been incorporated in the judgement/order being emailed. (Ravi Sharma,P.A.