Madhya Pradesh High Court
Kantu vs The State Of Madhya Pradesh on 26 April, 2022
Author: Vivek Rusia
-1-
The High Court of Madhya Pradesh : Bench At Indore
DIVISION BENCH: HON'BLE MR. JUSTICE VIVEK RUSIA &
HON'BLE MR. JUSTICE AMAR NATH (KESHARWANI)
Criminal Appeal No.11112 of 2019
Naru Charel & Others v/s The State of Madhya Pradesh
Criminal Appeal No.491 of 2020
Kantu & Another v/s The State of Madhya Pradesh
Indore, dated 26.04.2022
Shri Ashish Gupta, learned counsel for the appellants in
Cr.A. No.11112 of 2019.
Ms. Sharmila Sharma, learned counsel for the appellant
in Cr.A. No.491 of 2020.
Shri Kamal Kumar Tiwari, learned Government
Advocate for the respondent / State.
Heard on the question of admission.
These appeals are admitted for final hearing.
This common order shall govern disposal of I.A.
Nos.12954/2021, 12951/2021 & 679 of 2022.
Cr.A. No.11112 of 2020
Heard on I.A. No.12954/2021, which is first application
under Section 389(1) of the Code of Criminal Procedure, 1973
for suspension of jail sentence and grant of bail filed on behalf of
appellant No.1 - Naru Patel S/o Lagji Charel & appellant No.4 -
Dharia @ Dharma Charel S/o Lagji Charel.
Also heard on I.A. No.12951/2021 which is second
application under Section 389(1) of the Code of Criminal
Procedure, 1973 for suspension of jail sentence and grant of bail
filed on behalf of appellant No.2 - Mangla Charel S/o Dhanji
Charel & appellant No.3 - Dhangi Charel S/o Hurji Charel.
Cr.A. No.491 of 2020
Heard on I.A. No.679/2022, which is first application
under Section 389(1) of the Code of Criminal Procedure, 1973
for suspension of jail sentence and grant of bail filed on behalf of
appellant No.1 - Kantu S/o Bagji.
The appellants suffered conviction and sentence as
under:-
CONVICTION SENTENCE
Section Act Imprisonment Fine if deposited Imprisonment in
details lieu of fine
147 IPC 06 months' R.I. Rs.1,000/- 01 month's R.I.
450/149 IPC 04 years' R.I. Rs.2,000/- 06 months' R.I.
427/149 IPC - Rs.500/- 15 days' R.I.
302/149 IPC Life Imprisonment Rs.5,000/- 15 days' R.I.
As per prosecution story, complainant - Mangudi Bai
made a complaint stating that 12 days ago, Kamal S/o Dhanji
came to her and took the motorcycle of her husband. Thereafter,
he fell down from the motorcycle and died. After the said
incident when the complainant was sitting with her daughter
Sharda and mother-in-law Heera (deceased), Nano, Kodar,
Dhariya, Naru, Mangla Dhanji, Kantu and Veera came into her
house armed with axe and stick and started abusing them.
Thereafter, Heera and Kodar assaulted the deceased by means of
axe and Nano by means of Stick which resulted into her death.
Thereafter, all the accused persons ran away from the spot. After
the said incident, complainant called her husband and intimated
the police about the said incident. On the basis of said complaint,
a Dehati Nalisi (Ex-P/5) was recorded by the Constable Nanhe
Khan under Section 174 of the Cr.P.C. and a crime was
registered at Crime No.322/2016 under Sections 147, 148, 149,
294, 456, 427 & 302 of the IPC against the accused persons.
Thereafter, spot map was prepared. Samples and blood stained
soil were collected from the spot. After completing the
investigation, charge-sheet was filed. The appellant denied the
charges and pleaded for trial. The trial Court after evaluating the
evidence came on record, convicted the appellants for the
offences punishable under Sections 147, 450/149, 427/149 &
302/149 of the IPC.
Learned counsel for the appellants submit that deceased
died due to the fatal injury caused by Kodar and other appellants
have been convicted with the aid of Section 149 of the IPC. B.L.
Prosecution has recorded the statements of B.L. Ranawat (P.W-
3), who conducted the postmortem of the dead body of deceased
and according to him one lacerated wound on her forehead size
8x5x6 cm was found and the deceased died due to coma
consequences of injuries. These appellants have not caused any
injuries to the deceased. During the trial they were on bail and
never misused the liberty granted to him. Tolia (P.W-2) and
Motiya (P.W-5) are hearsay witnesses. The appellants did not
came there to commit murder of deceased. She accidentally
sustained injuries and died. all the appellants are member of one
family and have been falsely implicated in this case. The scope
of Section 149 of the IPC has not been properly examined by the
trial Court. These are appeals of 2019 and 2020 and there is no
likelihood of final hearing of these appeals in near future. Hence,
the present appellants may be given benefit of suspension of jail
sentence.
Learned Government Advocate for the respondent / State
opposes the application and supported the impugned judgment.
Considering the facts and circumstances of the case into
totality and role attributed to the present appellants, we deem it
proper to suspend the jail sentence of this appellants.
Accordingly, I.A. Nos.12954/2021, 12951/2021 & 679 of 2022
stand allowed.
The execution of remaining jail sentence of appellant
No.1 - Naru Patel S/o Lagji Charel & appellant No.4 - Dharia @
Dharma Charel S/o Lagji Charel, appellant No.2 - Mangla
Charel S/o Dhanji Charel, appellant No.3 - Dhangi Charel S/o
Hurji Charel in Cr.A. No.11112 of 2019 & appellant No.1 -
Kantu S/o Bagji in Cr.A. No.491 of 2020 is hereby suspended
and it is ordered that these appellants be released on bail on their
furnishing a personal bond for a sum of Rs.50,000/- (Rupees
Fifty Thousand Only) each with one solvent surety each of the
like amount to the satisfaction of the trial Court and subject to
depositing the fine amount (if not already deposited) with a
further direction to appear before the concerned Trial Court on
17.11.2022 and also on such other dates, as may be fixed by the
concerned trial Court in this regard during the pendency of these
appeals.
List these appeals for final hearing in due course.
Certified copy, as per Rules.
(VIVEK RUSIA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
Ravi
Digitally signed by RAVI PRAKASH
Date: 2022.04.28 19:16:17 +05'30'
