Newalal Dohare vs The State Of Madhya Pradesh
2021 Latest Caselaw 1301 MP

                                        1                    CRA-981-2014

                    The High Court of Madhya Pradesh
                                 CRA-981-2014
                       [Newalal Dohare Vs. State of M.P.]


Gwalior dated:06.04.2021

         Shri R.K. Sharma, learned senior counsel with Shri M.K.

Chaudhary counsel for the appellant through video conferencing.

         Shri C.P. Singh, learned Panel Lawyer for respondent/State.

I.A.2042/2020 second repeat application u/Sec.389(1) Cr.P.C. for

suspension of sentence and grant of bail moved on behalf of sole

appellant- Newalal is taken up and considered alongwith reply filed by

State.

This criminal appeal assails the judgment dated 13.08.2014 passed

in S.T.No.18/2013 by Additional Sessions Judge, Lahar, District Bhind

whereby appellant has been convicted and sentenced as under with

default stipulation :-

            Sections           Imprisonment              Fine
  302 IPC.                           L.I.       Rs.20,000/-with
                                                default stipulation

Learned counsel for the State opposed the application and prayed

for its rejection by contending that on the basis of the allegations and the

material available on record, no case for suspension of sentence is made

out.

Prosecution story discloses that appellant is in custody since eight

and half years and the case found proved is that when the appellant was

selling mutton the deceased came and offered to purchase which was

declined by appellant. The deceased tried to know the reason but the 2 CRA-981-2014

appellant got enraged, uttered abusive words and thereafter inflicted

single blow with knife from which he was cutting mutton. The deceased

sustained knife injury in his chest which was opined by medical evidence

to have punctured the lungs and heart due to which deceased died.

Though, the period of custody is about eight and half years as

against life sentence imposed but the assault seems to be unprovoked and

the single blow on the vital part of body was made with enough force so

as to given an impression that intention was to murder the deceased.

In view of above, this Court declines interference, and therefore

IA.2042/2020 stands dismissed.

                                        (Sheel Nagu)                         (Anand Pathak)
                                          Judge                                 Judge
vpn
                    VIPIN KUMAR
                    AGRAHARI
                    2021.04.08
 VALSALA
 VASUDEVAN
 2018.10.26
 15:14:29 -07'00'
                    18:51:11
                    +05'30'