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2007 DAILYLAW 2153 (DEL)

KRISHAN KUMAR @ SETU v. GOVT. OF NCT

2007-09-05

Shiv Narayan Dhingra

body2007
( 1 ) THIS application has been made for suspension of sentence of the convicts, who have been convicted under Section 498a/304b IPC vide dated 19th april, 2006 and have preferred an appeal before this Court. It is submitted by the applicants that they have been sentenced to undergo 10 years RI under section 304b and 03 years RI under Section 498a. They have good prima facie case. Deceased committed suicide, not because of cruelty but because of boredom since the appellant's (her husband) work schedule was such that mostly he was on touring jobs. There was no external injury on the body of deceased. It is also submitted that appellant was the sole bread earner. He had one daughter named astha Chauhan, 09 years old and it was the appellant, who was looking after her as there was no one else to look after her. Appellant no. 2 is an old lady suffering from various ailments and she was jethani (sister-in-law) of the deceased. ( 2 ) MARRIAGE of deceased in this case had taken place on 6th March, 1995 and she committed suicide on 30th June, 1997. Out of the total period of two years and three months of marriage, deceased was compelled to live mostly at her parents' house. She gave birth to a girl at her parents' house and no one visited her at the time of birth of the child or thereafter. There is sufficient evidence on the record on the basis of which, trial court convicted both the appellants for cruelty and dowry death. The appellants Krishan Kumar and Omwati have hardly undergone 01 year 08 months of sentence including remission period and 01 year and 09 months of sentence including remission period respectively. I consider that appellants are not entitled for suspension of sentence at this stage. The application is dismissed.