CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

8 31-01-2026 Ld. counsel for the appellant is pressing the prayer for suspending the execution of sentence and release of the appellant on bail during pendency of the appeal. The said prayer has been made as a part of memo of appeal.

2. I heard learned counsel for the Appellant and learned APP for the State.

3. The appellant has been convicted under Sections and Sentenced to R.I. for ten years for offence punishable under Section 304B and R.I. for two years under Section 201 read accused have also been acquitted of all the charges.

4. Learned counsel for the appellant submits that the impugned judgment of conviction and order of sentence is not sustainable in the eye of law, in view of the fact that the mother of the alleged victim who was informant and examined as P.W.- 5 has not supported the prosecution case at all. She has been declared hostile. Even, after cross-examination by the prosecution, nothing incriminating has been procured by it in support of its case against the appellant. Even sister/P.W.-3 and brother-in-law/P.W.4 have not supported the prosecution case against the appellant. P.W.-4/brother-in-law has been also