Madhya Pradesh High Court
Moolchand Ahirwar vs The State Of Madhya Pradesh on 14 December, 2021
Author: Rajeev Kumar Dubey
1 CRA-2316-2021
The High Court Of Madhya Pradesh
CRA No. 2316 of 2021
(MOOLCHAND AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 14-12-2021
Shri Saurabh Shrivastava, counsel for the appellants.
Shri Devendra Shukla, Panel Lawyer for the respondent/State.
Heard on admission.
Appeal seems to be arguable, hence, it is admitted for final hearing.
Also, heard on I.A. No.5474/2021, application u/S.389(1) of Cr.P.C.
for suspension of the custodial sentence passed against appellants
Moolchand Ahirwar, Tejram Ahirwar and Lalchand Ahirwar.
This appeal has been preferred against the judgment dated 15.03.2021
passed by Third Additional Sessions Judge, Gadarwara, District-Narsinghpur
in S.T. No.79/2018 whereby learned ASJ found the appellant No.1
Moolchand Ahirwar guilty for the offence punishable under Section 307 of
IPC and sentenced him to undergo R.I. for 10 years with fine of Rs.1,000/-
with default stipulation and appellant No.2 & 3 Tejram Ahirwar and Lalchand
Ahirwar guilty for the offence punishable under Section 307/34 of IPC and
sentenced both of them to undergo R.I. for 10 years with fine of Rs.1,000/-
with default stipulation.
Learned counsel for the appellants submitted that it is alleged that on
09.02.2018 at around 08 AM appellants Moolchand Ahirwar, Tejram Ahirwar
and Lalchand Ahirwar abused the complainant Ram Krishna Ahirwar,
appellant No.3 Lalchand Ahirwar caught hold of complainant and appellant
No.1 Moolchand assaulted him with axe on his head and appellant No.2
Tejram assaulted him with stick due to which he sustained injury but for
proving the incident the prosecution did not produce any independent
witness. All the alleged eye witness of the incident are relative of complainant
Ram Krishna (PW/1) i.e., Rani Bai Ahirwar (PW-2) wife and Sushma Ahirwar
(PW/3), the daughter of the complainant. There are several omissions and
contradictions in their statements regarding involvement of the appellants in
the crime. Even otherwise Dr. Vinit Jain (PW-5) who has examined the
complainant Ram Krishna soon after the incident clearly admitted in his
statement before court that no fracture was found on the head of the injured
and he also admitted that the injury sustained by the complainant Ram
Krishna on his head was not dangerous to life so offence under Section 307
of IPC is not made out against the appellants. The appellants are in custody
since the date of judgment i.e., 15.03.2021. Earlier also, during trial of the
case the appellants remained in custody from 09.02.2018 to 20.02.2018.
Signature Not Verified
SAN
Hence, prayed for suspension of the jail sentence and release of the appellants
Digitally signed by RANJEET AHIRWAL
Date: 2021.12.14 18:09:54 IST
2 CRA-2316-2021
on bail since the hearing of this appeal will take time.
Learned counsel for the respondent/State opposed the prayer and
submitted that learned trial Court did not commit any mistake in finding the
appellants guilty for the aforesaid offence. So, the appellants should not be
released on bail.
Looking to the facts and circumstances of the case, contention of
learned counsel for the appellants and the fact that the appellants are in
custody since 15.03.2021 and according to listing policy the hearing of this
appeal will take time, the application is allowed and it is directed that the
execution of the jail sentence alone passed against the appellants shall remain
suspended during the pendency of this appeal and they be released on bail
upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand
only) each with separate surety in the like amount to the satisfaction of the
trial Court for their appearance before the Registry of this Court on
21/03/2022 and on such further dates as may be fixed in this behalf by the
Registry during the pendency of this appeal.
List the matter for final hearing in due course.
C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY)
JUDGE
(ra)
Signature Not Verified
SAN
Digitally signed by RANJEET AHIRWAL
Date: 2021.12.14 18:09:54 IST
