Mahadevi vs The State Of Madhya Pradesh
2021 Latest Caselaw 2703 MP

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR

                   Cr.A. No.11192/2019
   ( Mahadevi & another Vs. The State of Madhya Pradesh )
                                 (1)



Gwalior, dated : 25/6/2021

      Shri Prashant Sharma, Advocate for the appellants

      Shri Rajeev Updhayay, G.A. for the respondent/State.

Heard through Video Conferencing.

Heard on I.A. No.24308/2020, which is fourth application for

suspension of sentence and grant of bail to appellant Mahadevi. The

first one (I.A. No.846/2020) for temporary bail was allowed vide

order dated 5/2/2020, while the previous two applications (I.A. Nos.

10719/2019 and 11279/2020) have been dismissed as withdrawn

vide orders dated 4/3/2020 and 26/8/2020 respectively.

This appeal has been preferred against the judgment dated

12/12/2019 passed by the Special Judge (Atrocities), Gwalior in

Special S.T..No.137/2017, whereby appellant no.1 Mahadevi has

been convicted under section 302/34 of the IPC and sentenced to

undergo imprisonment for life with fine of Rs.10,000/- in default to

suffer R.I. for one year; under section 323 of the IPC to undergo R.I.

for six months and under section 294 of the IPC to undergo R.I. for 3

months, with the direction that all the custodial sentences shall run

concurrently.

Prosecution story, as found proved, is that on 25/3/2017, an

altercation ensued between complainant Jagdish and his neighbours

Parso, Veeru, Bhanu and Mahadevi on account of clogging of runnel HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.A. No.11192/2019 ( Mahadevi & another Vs. The State of Madhya Pradesh )

by the convicts by stuffing it with cow dungs, in the course of which,

the miscreants not only abused the complainant filthily, but threw

him in the runnel. Hearing his shrieks, his brother Gopal came.

Veeru inflicted a Pharsa blow on the head of Gopal, while Parso and

Bhanu beat him with Sariya (Iron rods) and Lathis causing injuries

on right leg, right hand, back, head etc. The present appellant

Mahadevi beat him with kicks and fists. Thereafter three more

persons came on the spot who also beat him with kicks and fists.

During treatment, on 3/4/2017, Gopal succumbed to the injuries thus

caused.

Learned counsel for the appellant submits that there are

material contradictions and omissions in the FIR, police report and

evidence of prosecution witnesses. There was no premeditation and

the incident has occurred on sudden and grave provocation. No mens

rea can be attributed to the appellant. It is submitted that at the most

offence under section 324 of the IPC is made out against the present

appellant. The cause of death is shown to be cardiac arrest due to

head injury, which is not attributable to the present appellant. The

learned trial Court has failed to appreciate that a cross-case was

registered at Crime No. 249/2017. There is no allegation against the

present appellant of causing injury by any weapon. Appellant is a

lady and an early hearing of this appeal is not possible. With the

aforesaid submissions, prayer for suspension of sentence is made.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.A. No.11192/2019 ( Mahadevi & another Vs. The State of Madhya Pradesh )

In response, learned Government Advocate opposed the prayer

and submitted that the impugned judgment has been passed by the

trial Court after proper appreciation of the evidence on record. It is

submitted that the appellant was also actively involved in the offence

and in pursuance of their common intention, all of them assaulted

Gopal who ultimately succumbed to the injuries thus caused. As

such, no indulgence is warranted.

Taking into consideration the overall facts and circumstances

of the case, the prayer of the appellant does not deserve to be

countenanced at this stage. However, looking to the fact that the

appellant is a lady of more than 45 years of age and owing to second

wave of COVID 19 there is a need to de-congest the prisons which

are potential hotspots of infection, this Court is inclined to extend

the benefit of benefit of interim suspension of custodial sentence to

appellant no.1 Mahadevi for a period of ninety days from the date of

her release.

It is, accordingly, directed that if appellant no.1 namely

Mahadevi deposits the entire fine amount, if not already deposited,

and furnishes a personal bond in the sum of Rs.50,000/-(Rupees

fifty thousand) with a solvent surety in the like amount to the

satisfaction of CJM, Gwalior, sentences of imprisonment awarded to

her shall remain suspended and she shall be released on bail for a HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.A. No.11192/2019 ( Mahadevi & another Vs. The State of Madhya Pradesh )

period of ninety days from the date of her release. The appellant

shall surrender before CJM, Gwalior immediately on expiry of

ninety days' period for being committed to custody for serving

out the remaining part of her sentence. The appellant shall install

Aarogya Setu App (if not already installed) in her mobile phone

and also furnish a written undertaking that she will abide by the

terms and conditions of various circulars, as well as, orders issued by

the Central Government, State Government and local administration

from time to time such as maintaining social distancing, physical

distancing, hygiene etc. to avoid proliferation of Corona virus.

Let affidavit with regard to surrender be placed on record.

List this case in the week commencing 27/9/2021.

The I.A, accordingly, stands disposed of.

Certified copy/e-copy as per rules/directions.

                     (S.A.Dharmadhikari)                   (Vishal Mishra)
                           Judge                                 Judge


(and)

        ANAND
        SHRIVASTAV
        A
        2021.06.26
        08:59:38
        +05'30'