Madhya Pradesh High Court
Poonamchand vs The State Of Madhya Pradesh on 26 October, 2021
Author: Vivek Rusia
-1- CRA No.2277/2021
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
CRA NO.2277/2021
1. Poonamchand s/o Bherulal Mali,
occupation agriculturist, age 50 years,
R/o Vrindavanpura Ujjain M.P
2. Omprakash @ Prakash s/o Poonamchand Mali
occupation Agriculturist, Age 27 years, R/o
Vrindavanpura Ujjain M.P .......Appellants.
vs.
State of M.P through PS Jeevajiganj
District Ujjain. ......Respondent.
26.10.2021: (Indore):
Smt.Sharmila Sharma, learned counsel for the appellants.
Shri A.S.Sisodiya, learned GA for the State.
Shri Jitendra Sharma, learned counsel for the complainant.
Heard on IA No.21122/2021, an application for suspension of
sentence on behalf of the appellant No.2 Omprakash @ Prakash.
Appellant has filed this appeal against the judgment dated
27.2.2021 passed by 8th ASJ, Ujjain in Sessions Trial No.249/2015
whereby the learned trial Court has convicted the appellants under
section 307 IPC (two counts) & u/s 25(1-b,(b) of the Arms Act and
sentenced him to undergo RI for 7 years with fine of Rs.1000/-, & RI
for one years with fine of Rs.1000/ with further default stipulation.
The jail sentence of appellant No.1 Poonamchand has been
suspended vide order dated 14.7.2021.
As per prosecution story on 22.2.2015 near about 10.30 hrs.
complainant Monu PW/1 and his friend Akash PW/2 were going on
his motorcycle. Four accused persons viz. Shiva, Poonamchand,
Omprakash and Pushpabai apprehended them and started abusing them
by filthy language. When they objected Omprakash and Poonamchand
with an intention to kill them assaulted by means of sword. When
Puja, sister of the complainant came to save him Shiva inflicted the
injury to Puja by means of knife. Pushpabai was carrying a stick in her
hand. Since the injured and the injured and the appellants are related
-2- CRA No.2277/2021
to each other there was a previous enmity between them. An FIR was
lodged vide Ex.P/1 at crime no.20/15 u/s 307, 294 & 34 IPC. The
injured were examined by Dr.Ankur PW/11. Monu sustained severe
injuries on his lower abdomen for which he was operated by
Dr.Umesh Jethwani PW/12 and as per his opinion Ex.P/18 & P/19 the
injuries were fatal in nature. After completing the investigation the
charge sheet was filed. The prosecution examined 13 witnesses. After
appreciating the evidence all the 4 accused have been held guilty.
Omprakash & Poonamchand have been convicted u/s 307 IPC (2
counts) and sentenced to undergo RI for 7 years with fine of Rs.1000/-.
They have also been convicted u/s 25(1-b) (b) of the Arms Act and
sentenced to undergo RI for one year with fine of Rs.1000/-. The
accused Shiva has been convicted u/s 324 IPC. Shiva and Pushpabai
have been discharged from the charge u/s 304 & 324 IPC by giving the
benefit of doubt.
Learned counsel for the appellant submits that appellant
Omprakash is having parity with Poonamchand whose jail sentence
has been suspended. There was free fight between two groups. The
appellants also sustained injuries and the injured has been convicted
u/s 326 IPC. Both the offences were registered at the same time. The
appeal will take considerable time to conclude, hence the jail sentence
of Omprkash be kindly suspended.
Learned GA as well as the counsel appearing for the
complainant oppose the aforesaid prayer by submitting that
Omprakash is not having parity with Poonamchand. Omprkash has
tried to kill the complainant/injured by means of sword. He remained
in the hospital for considerable time. He has also inflicted the injury to
Akash. The main allegation of causing grievous injury is on Prakash,
therefore, at this stage Omprakash is not entitled for suspension of
sentence. Accordingly, IA No.21122/2021 is rejected. However, he
may renew the prayer after undergoing 50% of the jail sentence.
(VIVEK RUSIA)
Digitally signed by HARI
hk/ KUMAR C G NAIR
JUDGE
Date: 2021.10.27 17:38:44
+05'30'
