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[2026:RJ-JP:5142-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Criminal Misc. Suspension of Sentence Application No.

82/2026

In

D.B. Criminal Appeal No.426/2025

1. Satyapal Singh Alias Satpal S/o Shri Mangelal, Resident Of

Undera, Police Station Fatehpur Sikri, District Agra (Uttar

Pradesh)

----Accused Appellant

Versus

The State of Rajasthan, Through the PP.

----Non-Appellant

Connected With

D.B. Criminal Misc Suspension Of Sentence Application No.

2045/2025

In

D.B. Criminal Appeal No.426/2025

1. Mrs. Bhuridevi W/o Mangelal, Resident Of Undera, PS Fateh-

pur Sikri, District Agra (Uttar Pradesh). At Present In Central Jail,

Bharatpur.

----Accused Appellant

Versus

The State of Rajasthan, through the PP

----Non-Appellant

For Petitioner(s) : Mr. Darmendra Choudhary

For Respondent(s) : Mr. Rhishi Raj Singh Rathore, P.P. with

Ms. Neha Goyal

Mr. Vinod Sharma

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

HON'BLE MR. JUSTICE SAMEER JAIN

Judgment / Order

04/02/2026

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[2026:RJ-JP:5142-DB] (2 of 3) [SOSA-82/2026]

These suspension of sentence applications under Section 430

of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been filed

by the accused-applicants (for brevity, “the applicants”) alongwith

the appeal. The applicants have been convicted and sentenced by

the learned Additional Sessions Judge (Women Harassment

Cases), Bharatpur (Raj.) vide judgment dated 12.09.2025 passed

in Sessions Case No.05/2020 (CIS No.27/2020) as under:-

1. Under Section 498-A IPC: Three years’ rigorous

imprisonment and fine of ₹5,000/- each in default thereof, three

months’ additional simple imprisonment.

2. Under Section 302 IPC: Life imprisonment and fine of

₹20,000/- each in default thereof, six months’ additional simple

imprisonment.

Learned counsel for the applicants, inviting attention of this

Court towards the dying declaration dated 03.06.2019 (Exhibit P-

11), would submit that therein, the deceased has levelled no

allegation against them either of harassment on account of

demand of dowry or of setting her on fire. He submits that from

the prosecution testimony, it is not established that the applicant-

Smt. Bhuridevi was present at the time of incident. Learned

counsel submits that they were on bail during trial and prays that

the substantive sentence awarded to them be suspended during

pendency of the appeal.

Per contra, learned Public Prosecutor opposed the prayer and

prays for dismissal of the applications.

Heard. Considered.

Indisputably, the deceased has died unnatural death within a

period less than two years from the date of her marriage. While

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[2026:RJ-JP:5142-DB] (3 of 3) [SOSA-82/2026]

recording conviction of the appellants under Sections 498-A and

302 IPC, the learned trial Court has relied upon, amongst others,

the dying declaration dated 14.06.2019 (Exhibit P-10) recorded by

Ms. Rekha Tiwari, learned Additional Chief Judicial and

Metropolitan Magistrate No. 2, Jaipur Metropolitan (PW-9), which

contains specific allegations against the applicants of subjecting

her to torture and harassment for demand of dowry soon before

her death as also that she was set on fire by them. The learned

trial Court has assigned cogent reasons for disbelieving the dying

declaration (Exhibit P-11) and on perusal of the record, we do not

find the same to be perverse.

In view of the specific allegations in the dying declaration

(Exhibit P-10), we are not inclined to extend the benefit of

suspension of sentence to them.

Accordingly, the suspension of sentence applications are

dismissed.

(SAMEER JAIN),J (MAHENDAR KUMAR GOYAL),J

Manish/10-11

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