- (1.) HEARD learned counsel for the parties.
(2.) THESE two applications for suspension of sentence have been preferred on behalf of three appellants, namely Bega Ram, Mohan Lal and Kailash, who have been convicted and sentenced by the trial Court under Section 302 IPC to life imprisonment. Since both the applications arise out of common judgment, therefore, they were heard together and are being disposed of by this common order. Learned counsel for appellants submitted that marriage of deceased Sajna with appellant Kailash took place in April, 1992; incident took place on 21.05.2000 i.e. after about 8 years of marriage; no FIR was lodged for about three days; FIR was lodged on 24.05.2000, which was registered under Sections 302, 201 and 498-A IPC, however, after thorough investigation, the Police came to a conclusion that it is a case of offence under Sections 306, 498-A and 201 IPC. He also submitted that the matter was referred for investigation to the CBI and after completion of investigation, CBI also filed challan against the accused-appellants under Sections 306, 498-A and 201 IPC. He further submitted that all the three appellants were on bail during trial, however, after framing of charge by the trial Court under Section 302 IPC, appellants Bega Ram and Mohan Lal were taken into custody and both are in jail since 19.09.2007. He submitted that appellants Bega Ram and Mohan Lal are elder brothers(Jeth) of husband of the deceased.
(3.) SO far as appellant Kailash is concerned, learned counsel for appellants submitted that although he is the husband of the deceased, but he was released on bail and he remained on bail during trial and did not misuse the liberty granted to him. He also submitted entire conviction of appellant is based on the statement of PW1 Banshidhar, whose statement is contrary to his own statement recorded by the Police as well as the CBI i.e. Exhibit D1, D2 and D3. There is no direct evidence in the present case about administering poison by the appellants to the deceased. He, therefore, submitted that looking to all the facts and circumstances of the case, sentence of imprisonment of appellants be suspended during pendency of the appeal.;