Vinod Adiwasi vs The State Of Madhya Pradesh Thr
2022 Latest Caselaw 6201 MP

                                     1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                              CRA No. 459 of 2017
                  (VINOD ADIWASI Vs THE STATE OF MADHYA PRADESH THR)

Dated : 26-04-2022
      Shri Anshu Gupta, learned counsel for the appellant.

      Shri Naval Kishor Gupta, learned GA for the respondent-State.

Heard o n I.A. No.6656/2022, second application preferred under Section 389(1) of Cr.P.C. for suspension of sentence and granted of bail on behalf of appellant-Vinod Adiwasi. First application was dismissed as withdrawn on 27.06.2017.

T he appellant-Vinod Adiwasi stood convicted under Section 302 of IPC and sentenced to undergo life imprisonment RI with fine of Rs.5000/- with default stipulation vide judgment of conviction and order of sentence dated 08.03.2017 passed by the Sessions Judge, Sheopur in Sessions Case no.400066/2016.

Appellant has suffered jail incarceration for more than 05 years as he is in jail since 20.06.2016. The incident is of 14.06.2016.

The prosecution story in brief is to the effect that the deceased-Binder was the real brother of accused-Vinod. On 14.06.2016, brother-in-law, Ramgir (PW-3) had come to the house of the accused. He had asked deceased-Binder to go and

get the wheat grinded (xasgw filkus ds fy;s). Deceased-Binder did not go apparently for

the reason that he has not money for payment. At this moment the accused is alleged to have got infuriated. He lifted an Axe and hit the deceased on his thighs. As a result, he started bleeding profusely. Consequently, due to excessive bleeding the deceased-Binder died. Upon completion of the investigation, challan was filed and case was made over to Sessions Judge for trial. Accordingly, appellant stood convicted and sentenced as aforesaid.

While criticizing the impugned judgment, learned counsel for the appellant submits that though the eye witnesses i.e. wife of the deceased-Samani (PW-1) and brother-in-law,Ramgir (PW-3) have supported the story of prosecution as same is corroborated by medical evidence i.e. Ex.P-6 (post mortem report) but other two eye witnesses i.e. brother-in-law and sister-in-law, namely, Prakash (PW-5) and Machhla (PW-6) styled as eye witnesses have turned hostile. The impugned

judgement of the trial Court suffers from perversity in approach. The relevant piece of evidence has not been taken into consideration. Even otherwise, the factual matrix in hand does not suggest case of murder under Section 302 of IPC, instead it is a case where the appellant could have been convicted only under Section 304

Part II of IPC for the reason that the alleged incident occurred in a sudden moment with no premeditation of mind or intention to cause homicidal death of the deceased. The appellant is suffering jail incarceration since 20.06.2016 and almost over six years have passed away. The appellant has no criminal antecedents. He being a sole surviving earning member, the family is on the verge of starvation. The appeal is of the year 2017. It is unlikely to be heard at an early date, therefore, a prayer is made for suspension of sentence.

Per contra, learned counsel for the respondent-State opposed the application supporting the impugned judgment with submission that the ocular evidence of eye witnesses, namely, Samani (PW-1) and Ramgir (PW-3), medical report (Ex.P-6) and the medical evidence of Dr. M.M. Rajoriya (PW-4) are consistent and in corroboration supporting the prosecution story, hence, the judgment is based upon criticized evaluation of the evidence placed on record. No exception can be taken in the matter of suspension of sentence.

Upon hearing learned counsel for the parties, this Court refrains from commenting upon the rival submissions advanced, touching the merits of the case, but regard being had to the fact that appellant is suffering jail incarceration since 20.06.2016 and he has no criminal antecedents, in the obtaining facts and circumstances, appellant is held entitled for suspension of sentence.

Accordingly, I.A. No.6656/2022 is hereby allowed and it is directed that the jail sentence of the appellant-Vinod Adiwasi shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the Principal Registrar of this Court on 30.06.2022 and thereafter on other subsequent dates as may be fixed in this behalf with following further conditions:-

(i) that appellant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as

the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc, to avoid proliferation of Novel Corona virus (COVID-19);

(ii) the concerned jail authorities are directed that before releasing appellant, the medical examination of the appellant be conducted through the jail doctor and if it is prima-facie found that he is having any symptom of Covid-19, then the consequential follow up action or any further test required be undertaken immediately.

Office is directed to send copy of this order to the concerned Court and concerned Police Station for information and necessary action.

I.A. No.6656/2022 stand closed.

   (ROHIT ARYA)                                           (MILIND RAMESH PHADKE)
      JUDGE                                                        JUDGE

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        NEETU
        SHASHAN
        K
        2022.04.2
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