Vijay Bhardwaj vs The State Of Madhya Pradesh
2022 Latest Caselaw 16596 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                         CRA No. 3775 of 2019
                                               (VIJAY BHARDWAJ Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-12-2022
                                 Shri Jitendra Sharma, learned counsel for the appellant.

                                 Shri    K.K.Tiwari,        learned     Government       Advocate   for   the
                           respondent/State.

Heard on I.A.No.5767/2022 which is second application for suspension of sentence of the appellant. The earlier application for suspension of sentence

of the appellant has been rejected by this Court on merit on 22.01.2020.

The appellant has been convicted by the learned Additional Sessions Judge, Nagda, district Ujjain vide judgment dated 08.04.2019 passed in S.T.No.183/2011 for commission of offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.2,000/- and under Section 201 of IPC, sentenced to undergo 3 years R.I. with fine of Rs.1,000/- with default stipulation on each count.

Learned counsel for the appellant submits that conviction is based upon the circumstantial evidence and the chain of circumstantial evidence is not

complete to convict the appellant.

As per prosecution story the deceased who used to work in the factory of Ramgopal, the father of the present appellant did not return to his house and on the next day, efforts were made to search him. Ramgopal himself alongwith the relatives of the deceased went to the factory Vijay Industries and found that a Bolero vehicle was parked in the factory which appear to have been washed recently. The kerosene jerry was also found in the factory. Dead body of the deceased was found in the bushes 8 Kms away. On the postmortem of the Signature Not Verified Signed by: REENA JOSEPH Signing time: 14-12-2022 17:59:59

deceased, it was found that there were as many as 11 stab injuries on the body of the deceased and it was found to be a case of culpable homicide. In the memorandum statement Exhibit P/8, Vijay proposed to recover sharp edged weapon ("Baka") with which offence was committed. He also proposed to recover the clothes worn at the time of incident. Subsequently, vide Exhibit P/10, his clothes were recovered from the house of the appellant and vide Exhibit P/11, sharp edged weapon was recovered from inside the heap of sand. These items were sent to the FSL along with rubber matting of Bolero vehicle. In FSL report Exhibit P/34 report, human blood stains were found on rubber matting and trouser of Vijay. Blood was also found on the sharp edged weapon

("Baka"). However, it could not be determined as to whether the blood stains on Baka were of human origin or not. The Bolero vehicle was seized from the appellant Vijay Bhardwaj inside the factory named as Vijay Industries and as per Exhibit P/30 seizure memo, the vehicle had been washed with an intention to obliterate the evidence. The onus thus shifted on the present appellant-Vijay to explain such evidence which does not appear to have been discharged.

On due consideration of the aforesaid facts and evidence, we are not inclined to allow the application for grant of suspension of jail sentence filed by the appellant.

Accordingly, I.A.No.5767/2022 is dismissed.

                                (VIJAY KUMAR SHUKLA)                     (RAJENDRA KUMAR (VERMA))
                                        JUDGE                                     JUDGE
                           RJ




Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 14-12-2022
17:59:59