NARESH KUMAR SANGHI, J. - (1.) PRAYER in this application filed under Section 389, Cr.P.C., is for suspension of sentence of the applicant/appellant, Navpreet Kaur, who was held guilty for having committed the offences punishable under Sections 304 -B and 498 -A, IPC, and ordered to undergo the following sentences: - Offence Sentence (RI) Fine In default (SI) 304 -B, IPC Seven years - - - - 498 -A, IPC Two years Rs. 5,000/ - Two months Both the substantive sentences were ordered to run concurrently.
(2.) LEARNED Senior counsel contends that the applicant/ appellant is the married sister -in -law of the deceased, whose marriage was solemnized much prior to the marriage of Smt.Harpreet Kaur (since deceased). He further contends that Harpreet Kaur had died at her parental house. At that time, the applicant/appellant was at the house of her in -laws. He also submits that the applicant/appellant was on bail during trial and the said concession was not misused. Learned counsel for the State submits that in her dying declaration before the learned Judicial Magistrate, Harpreet Kaur specifically named the applicant/appellant as one of the accused and that the learned trial court had given cogent reasons for returning the verdict of guilt qua the applicant/appellant. However he fairly concedes that during trial, the applicant was on bail and she has suffered incarceration for more than six months. I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.
(3.) THERE is no dispute with regard to the following circumstances: - i) Harpreet Kaur (since deceased) had died unnatural death at the house of her parents; ii) At the time of the death of Harpreet Kaur, the applicant was not present at the spot; iii) the applicant was on bail during trial and the said concession was not misused by her; iv) the applicant is a lady and the parameters for grant of bail to a lady is different than those of granting bail to a male; v) the applicant has two adolescent children to maintain; ;