Madhya Pradesh High Court
Kutu @ Roop Singh Lodhi vs The State Of Madhya Pradesh on 17 March, 2021
Author: Anjuli Palo
1 CRA-1535-2020
The High Court Of Madhya Pradesh
CRA-1535-2020
(KUTU @ ROOP SINGH LODHI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 17-03-2021
Shri Madan Singh, counsel for the appellant.
Ms. Shikha Baghel, PL for the State.
None for the objector.
Heard on I.A. No.9307/2020, which is an application for suspension of
sentence and grant of bail to the appellant.
T he appellant has been convicted by the trial Court under Sections
148, 302/149 of the IPC and sentenced to 1 year with fine of Rs. 1,000/-
a n d life imprisonment with fine of Rs. 5000/- respectively with default
stipulation.
As per prosecution's case, on 4.3.2012 Kashiram Lodhi and Gokul
were sitting under a small shed in the field, at that time Hira Bai, Parvati,
Ramesh Lodhi were also present. At about 9:00 PM in the night when Kashi
was going towards the field, at that time Mahipal Singh, Jaipal Singh, Rampal
Singh, Satendra Singh, Mulu Lodhi, Kutu Lodhi of village Chachi Samera and
Pancham Lodhi, Nanne Bhai Lodhi, Khalak Lodhi, Mohan Lodhi, Ram Singh
Lodhi of village Magwanasher and Jaipal Singh of village Jaitpur reached
there. Mahipal Singh called Gokul Lodhi outside and when Golul Lodhi came
out side, Mahipal told he would kill him and at that timeSatendra assaulted
him by means of an Axe and when Gokul tried to run away, Ram Singh fired
gun shot on him by means of 12 bore country made pistol and rest of the
accused person who were armed with lathi, Katarna and gun assaulted Gokul
for about 5 minutes, as a result of which he sustained grievous injuries and
succumbed to the said injuries on the way to the hospital.
Dr. L.L. Ahirwar (PW-5) found as many as 16 injuries on the person
of deceased Gokul as mentioned in Paragraph 8 of the judgment of the trial
Court. Apart from the said injuries, there was a fracture on left parietal region
2 CRA-1535-2020
of occipital and there were so many fractures on tibia & fibula bone of both
the legs. The cause of death was found shock due to excessive bleeding and
head injuries.
Considering the nature of injuries sustained by the deceased, cause of
death and the fact that there three eye witness accounts in the case, we do not
find it a fit case to suspend the jail sentence of the appellant.
Accordingly, the I.A. stands dismissed.
After arguing for about 15-20 minutes at Bar and after completion of
the dictation, knowing the mindset of the Court, Mr. Madan Singh, Advocate
prayed for withdrawal of the application. However, when the Court refused to
grant permission to withdraw the application, Mr. Madan Singh, Advocate
started misbehaving with the Bench in the presence of other Advocates
including Panel Lawyers and staff of the Court. Such Behaviour is contrary to
the decorum of the Court and apparently contemptuous. Therefore, the
proceedings for criminal contempt of Court are initiated against Mr. Madan
Singh, Advocate separately.
Let a copy of this order be sent to the State Bar Council for
information.
(SMT. ANJULI PALO) (B. K. SHRIVASTAVA)
JUDGE JUDGE
PB
Digitally signed by
PRADYUMNA BARVE
Date: 2021.03.17 19:14:39
+05'30'
