Smt Shivri vs State

Heard learned counsel for the applicant-appellant as wel as learned Public Prosecutor and perused the material available on record.

The appellant applicant herein stands convicted for the offences under Sections 341/34, 323/34 and 302/34 IPC vide judgment dated 29.06.2019 passed by the learned Addl. Sessions Judge No.4, Jodhpur Metropolitan in Sessions Case No.147/2007.

The instant application for suspension has been preferred on behalf of aplicant-appellant Smt. Shivri. As per the prosecution case set out in the FIR (Ex.P-5) lodged by complainant Girdhari Lal, the solitary knife injury inflicted to Sohan Ram is attributed to Bhenparam, husband of the present-appellant. The investigating officer did not file a charge sheet against the appellant and she was summoned by the trial court while exercising powers under Section 319 Cr.P.C.

Shri Dhirendra Singh, Advocate representing the applicantappellant vehemently urged that the applicant had no common intention with Bhenparam so as to commit the murder of Sohan Ram. There was no prior enmity between the parties. The incident took place all of sudden and at the spur of moments and ex-facie the prosecution case that the applicant-appellant and her children caught hold of Sohan Ram is unbelievable. As per him, there is no evidence on the record of the case that the applicantappellant was aware that her husband was carrying a kitchen knife with him and that he would stab the deceased with the same. He further submits that conviction of the co-accused-appellant Bhenparam has been toned down from Section 302 IPC to Section 304-I IPC by Coordinate Bench of this Court vide judgment dated 20.10.2016 passed in D.B. Criminal Appeal No.02/2009. He urged that the applicant-appellant, being a woman, is entitled to a sympathetic consideration by virtue of proviso to Section 437 Cr.P.C

Learned Public Prosecutor has vehemently and fervently opposed the submissions advanced by Shri Dhirendra Singh, Advocate representing the applicant-appellant. However, he too, is not in a position to dispute the fact that the prosecution case as against the applicant-appellant is that she along with her children caught hold of the hands of the deceased Sohan Ram at which point of time, the appellant's husband Bhenpa Ram inflicted a solitary knife blow on his back. The knife allegedly used in the incident was a kitchen knife. The appellant was not chargesheeted by the police after investigation.

In this background and having regard to the facts and circumstances as available on record and the fact that applicantappellant is a woman, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the applicant appellant.

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 Addl. Sessions Judge No.4, Jodhpur Metropolitan vide judgment dated 29.06.2019 in Sessions Case No.147/2007 against the appellant-applicant Smt. Shivri W/o Shri Bhenpa Ram, shall remain suspended till final disposal of the aforesaid appeal and she shall be released on bail, provided she executes a personal bond in the sum of Rs.80,000/- with two sureties of Rs.40,000/- each to the satisfaction of the learned trial Judge for her appearance in this court on 11.09.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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.

Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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.