Smt. Maya vs State of U.P.

Heard Learned Counsel for parties and perused the record.

Learned Counsel for accused-appellant submitted that Smt. Maya is lodged in jail for about 1 year and 9 months after the impugned judgment of conviction under Sections 498-A and 304-B I.P.C. for causing dowry death to her daughter-in-law by putting her a fire. Learned Counsel also submitted that the accused appellant was staying away at Ambedkar Nagar on the fateful night and further, though there is an allegation of external violence, by causing beatings to the deceased by hands and fists while lying in a cot, and then putting her on fire, but the medical evidence does not suggest any such injury. Learned Counsel also submitted that the accused appellant is an old lady, and on the fateful night, only her husband would have been around her. Learned Counsel also submitted that as per the prosecution story, the accused had demanded a motor cycle in dowry, and thus, the appellant mother-in-law had nothing to do with motorcycle.

As the Learned Counsel for appellant has made the submissions on the basis of evidence on record, learned State Counsel does not have any serious ground to refute the same.

In view of all the aforesaid, we accept the prayer for grant of suspension of jail sentence as well as stay of recovery of fine qua appellant Smt. Maya wife of late Sarju Prasad, resident of Village-Phutha, Police Station-Kotwali Dehat, District-Bahraich. It is thus directed that the jail sentence as well as recovery of fine qua appellant Smt. Maya shall remain suspended during the pendency of appeal and she shall be released on bail subject to the satisfaction of learned Sessions Judge, Bahriach.