9-year-old saw mother stab father, Rajasthan High Court denies plea to suspend life term

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The trial court had convicted the woman on August 22, 2025 and sentenced her to life imprisonment for the offence of murder, besides imposing a fine of Rs 5,000. (AI-generated image)The Rajasthan High Court has refused to suspend the life sentence of a woman convicted of murdering her husband, noting their nine-year-old daughter’s testimony that she saw her mother stab her father, along with the postmortem finding of a stab wound to his chest and the recovery of the alleged weapon based on the woman’s statement.Justices Mahendar Kumar Goyal and Praveer Bhatnagar were hearing the woman’s application seeking suspension of her sentence, along with her criminal appeal. The trial court had convicted the woman on August 22, 2025, and sentenced her to life imprisonment for the offence of murder, besides imposing a fine of Rs 5,000, with two months’ additional simple imprisonment in default of payment.“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,” the court said on September 14.Defence questions prosecution’s caseThe woman’s counsel argued that she had been falsely implicated in the case and pointed to an alleged delay in lodging the FIR. Meanwhile, the defence drew the court’s attention to the postmortem report, submitting that it showed only a single injury.Taking note of the different aspects of the child’s testimony recorded during the trial, the court said that the girl stated during cross-examination that she had deposed as told by her grandmother, but she specifically denied the suggestion that she had not seen her mother stabbing her father. Justices Mahendar K Goyal and Praveer Bhatnagar stated that in murder convictions, the suspension of sentence should be granted only in exceptional cases.The bench also noted that the weapon of offence was recovered based on the woman’s disclosure statement.Suspension after convictionThe high court referred to an earlier Supreme Court ruling on how an appellate court should consider pleas for suspension of sentence. It says an appellate court should not, at this stage, examine the evidence again by looking for isolated gaps or loopholes in the prosecution’s case. The high court pointed out that a convict seeking suspension of sentence is in a different position compared to an accused who has not yet been convicted.Story continues below this adAlso Read | Jharkhand High Court rejects SSB personnel’s divorce plea: ‘Wife living separately not desertion’The court also referred to the settled position that when it comes to murder convictions, the suspension of sentence should be granted only in exceptional cases, considering factors including the nature of the accusation, the manner in which the crime is alleged to have been committed and the seriousness of the offence.The bench did not decide the criminal appeal itself in this order. It was dealing with the narrower question of whether the woman’s sentence should be suspended while her appeal was pending.After considering the material and the legal principles referred to in the order, the bench said that looking to the “nature and gravity of the accusation against the applicant found to be proved”, it was not inclined to allow the plea and dismissed it.Vineet Upadhyay is an Assistant Editor with The Indian Express (Digital), where he leads specialized coverage of the Indian judicial system. Expertise Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including: Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability. Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters. Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights. Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More