Shahjadi Bee vs The State Of Madhya Pradesh
2021 Latest Caselaw 3287 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                     CR. A. No. 4184 / 2020
                 SHAHJADI BEE Vs. STATE OF MP
                                                               --- 1 ---
INDORE, Dated : 14/07/2021
      Heard through video conferencing.
      Mr. Bhaskar Agrawal, learned counsel for the
appellant.
      Mrs. Mamta Shandilya, learned Government Advocate
for the respondent - State.

Heard on I.A.No. 2370/2021, which is an application filed under Section 389(1) of the Code of Criminal Procedure, 1973 by appellant Shahjadi Bee for grant of bail and suspension of execution of jail sentence.

The appellant has been convicted and sentenced as under :

Section Imprisonment Fine In lieu of fine Sec.302 of IPC Rigorous Rs.2,000/- 6 months RI imprisonment for life

Learned counsel for the appellant - Shahjadi Bee submits that the learned trial Court has not properly considered the circumstantial evidence of the present case. The prosecution has completely failed to establish guilt of the appellant in connection with the alleged crime. Learned trial Court has grossly erred in convicting the appellant solely based upon the dying declaration Ex.P/13 which was not duly proved as per law and said dying declaration was recorded by Naib Tehsildar Mahadev (PW-10), but his evidence is not supported by Dr. J. P. Badonia (PW-19) and HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 4184 / 2020 SHAHJADI BEE Vs. STATE OF MP

--- 2 ---

Dr. Ashutosh Joshi (PW-6). Dying declaration is not reliable. Prosecution has failed to examine the material witness Sahil. In these circumstances, he prays for grant of bail and suspension of execution of jail sentence of appellant No.1 - Shahjadi Bee.

Per contra, learned Government Advocate for the respondent - State has opposed the application and submitted in her written reply and during the course of arguments that the impugned order of conviction is based on proper appreciation of oral evidence as well as documentary evidence. The impugned judgment of conviction and order of sentence is justified. It has been established that appellant has committed grave offence. Dying declaration of the deceased is duly proved by the medical evidence and all other witnesses. No case is made out for grant of bail and suspension of execution of jail sentence of appellant.

We have heard learned counsel for both the parties and perused the record of the trial Court.

Undoubtedly, the conviction of the appellant and other accused is mainly based upon the dying declaration deposed by deceased before her death. Naib Tehsildar Mahadev (PW-

10) has been proved such dying declaration Ex.P/13 during the course of deposition. It is well supported by the deposition of Dr. Ashutosh Joshi (PW 6) and Dr. Pawan Morya (PW-12) it is noteworthy that one more dying declaration which is in the form of statement of deceased HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 4184 / 2020 SHAHJADI BEE Vs. STATE OF MP

--- 3 ---

(Ex.D/3) is also available on record.

In this view of the matter, at this stage, it cannot be said that there is no evidence available against the present appellant. In the considered opinion of this Court, no case is made out for suspension of execution of jail sentence and grant of bail to the present appellant.

Accordingly, I.A.No. 2370/2021 is dismissed. Certified copy, as per Rules.

                    (SUJOY PAUL)                      (ANIL VERMA)
                      JUDGE                             JUDGE
       KR



Digitally signed by KAMAL RATHORE
Date: 2021.07.14 17:09:31 +05'30'