Balli Chourasia vs The State Of Madhya Pradesh
2021 Latest Caselaw 3258 MP

                                           1                                CRA-64-2015
                The High Court Of Madhya Pradesh
                            CRA-64-2015
                         (BALLI CHOURASIA Vs THE STATE OF MADHYA PRADESH)

18
Gwalior, Dated : 13-07-2021
               Shri A.K.Jain, learned counsel for the appellant.
               Shri Pramod Pachori, learned Public Prosecutor for respondent/State.

Heard through Video Conferencing.

I.A.No.19348/2021, sixth application for suspension of sentence is taken up and considered alongwith reply filed by the State to one of earlier

application.

The prosecution story found to be proved is that dead body of the wife of appellant was found in a state of putrefiction where death had taken place few days ago. The room in which the dead body was found, was locked from outside and there was no other passage for entry or exit except the main door which was locked. The only person residing with the deceased was the appellant and therefore, it was incumbent upon the appellant under Section 103 of Evidence Act to prove the plea of alibi which he took in his defence. It does not appear from the impugned judgment that plea of alibi

could be established.

Earlier applications have also been dismissed as withdrawn, after arguing for some time, which are treated to be dismissed on merit. The period of custody is said to be more than 8 years.

Considering the above and in absence of any new ground, this Court declines interference.

I.A.No.19348/2021 stands dismissed.

Paper book be prepared and list the matter for final hearing.

   (SHEEL NAGU)                                                    (ANAND PATHAK)
       JUDGE                                                             JUDGE


Ashish*

  ASHISH
  CHAURASIA
  2021.07.14
  16:35:55
  +05'30'