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Rajasthan High Court Rejects Plea to Suspend Murder Sentence

Rajasthan High Court Rejects Plea to Suspend Murder Sentence
9-year-old saw mother stab father, Rajasthan High Court denies plea to suspend life term · indianexpress.com

A woman in Rajasthan was convicted of killing her husband and sentenced to life in prison.

She asked the High Court to pause that sentence while her appeal was pending.

The court refused to pause it.

Their nine-year-old daughter told the court that she saw her mother stab her father.

The girl also said during questioning that she had spoken as her grandmother told her, but she denied not seeing the stabbing.

A medical report found a stab wound in the father’s chest.

Police also recovered the alleged weapon after information given by the woman.

Her lawyer argued that she was falsely accused and raised questions about the police report and the injury evidence.

The High Court said murder sentences should be suspended only in exceptional cases, but it has not yet decided the woman’s appeal.

Key facts

Sentence
Life imprisonment for murder, plus a Rs 5,000 fine.
Default punishment
Two months’ additional simple imprisonment for nonpayment of the fine.
Key testimony
The couple’s nine-year-old daughter said she saw her mother stab her father.
Medical evidence
The postmortem report recorded a single stab injury to the man’s chest.
Weapon evidence
The alleged weapon was recovered based on the woman’s disclosure statement.
Court’s decision
The application to suspend the sentence was dismissed.
Appeal status
The High Court did not decide the criminal appeal in this order.

Quotes

Rajasthan High Court bench of Justices Mahendar Kumar Goyal and Praveer Bhatnagar

The two-judge Rajasthan High Court bench hearing the sentence-suspension application and criminal appeal

“Amongst others, Ms ‘S’ -daughter of the applicant and the deceased aged about nine years has deposed to have seen the applicant (mother) inflicting a stab wound to her father…she has specifically denied the suggestion that she did not see the applicant stabbing her father. The weapon of offence was recovered on the disclosure statement of the applicant”
indianexpress.com

Sources

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