Arun vs The State Of Madhya Pradesh
2021 Latest Caselaw 530 MP

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   HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
             CRIMINAL APPEAL NO.6350 OF 2019
            (Arun and Another vs The State of Madhya Pradesh)


Indore, Dated 08.03.2021
      Mr. S.K. Vyas, learned Senior Counsel along with Ms. Neha
Yadav, counsel for the appellants.
      Ms.    Mamta      Shandilya,        learned      counsel     for      the
respondent/State.
                                 ORDER

Per Shailendra Shukla, J:

Heard on IA No.529/2021 which is an application for urgent hearing of the case. Keeping in view the reasons mentioned in the application, the application for urgent hearing stands allowed. Accordingly, IA No.529/2021 stands disposed of.

Also heard on IA No.533/2021 which is an application filed under Section 389 of Code of Criminal Procedure, 1973 seeking suspension of sentence of appellant - Arun S/o Shri Narayan who has been convicted by Second Additional Sessions Judge, Khargone in Session Trial No.83/2017 vide judgment dated 15.07.2019 and sentenced him as under:-

               Conviction                           Sentence
     Section & Act    Imprisonment       Fine Amount     Imprisonment
                                                          in lieu of fine
       302/34 IPC          Life           Rs.5000/-      One Month SI
                      Imprisonment

The prosecution story in short was that appellant Arun is married to Gyarsibai and Gyarsibai had called her brother Shyam telling him that appellant is assaulting her. Hence Shyam, along with complainant Dilip and others came to the village of appellant and was taking Gyarsibai back. At that point of time, the appellant Arun along with his brother Lakhan (co-accused), his father Narayan, mother

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL APPEAL NO.6350 OF 2019 (Arun and Another vs The State of Madhya Pradesh)

Champabai and Sister Raveena rushed after them. Thereafter appellant Arun along with co-accused Lakhan assaulted Shyam with iron rods and others also assaulted Shyam with other weapons resultant to which Shyam succumbed to his injuries.

Learned Senior Counsel for the appellants has stated that other co-accused persons such as Narayan,Champabai and Raveena have been acquitted from murder charges, that as against the prosecution story supported by witnesses that appellant had dealt rod blow on the head of Shyam, no injury has been found on the skull of Shyam and the only injury which has been found was one on the chest of Shyam (deceased) due to which his heart had ruptured, resulting in death and the aforesaid injury as per prosecution story has been caused by co- accused Lakhan. On these grounds, suspension has been sought.

Learned counsel for the respondent/State was also heard who submits that the prosecution witnesses are reliable, that an iron rod has been seized from the appellant and that the root cause of the incident was on account of the dispute of appellant with his wife.

Submissions were considered and original record was perused. The post-mortem report supports the submissions of learned Senior Counsel for the appellants that no injury has been found on the head of Shyam (as against the evidence of prosecution witnesses). Further, no FSL report showing the presence of blood on the iron rod seized from the appellant has been received. Under these circumstances, a case is made out for allowing the application for suspension of sentence. Accordingly, application-IA No.533/2021 is being allowed. The substantive jail sentence of appellant - Arun S/o Shri Narayan is suspended subject to his depositing the fine amount

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL APPEAL NO.6350 OF 2019 (Arun and Another vs The State of Madhya Pradesh)

(if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one local solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 19.04.2021 and on all other subsequent dates as may be fixed by the Registry in this behalf.

Accordingly, IA No.533/2021 stands disposed of. Record has been received.

List the appeal for final hearing in due course. Certified copy as per Rules.

              (SUJOY PAUL)                              (SHAILENDRA SHUKLA)
                 JUDGE                                        JUDGE

  Arun/-



Digitally signed by ARUN
NAIR
Date: 2021.03.09
14:44:02 +05'30'