Madhya Pradesh High Court
Gokulsingh vs The State Of Madhya Pradesh on 4 February, 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 PRANAY VERMA
Criminal Appeal No.7770/2018
Gokul singh & Others v/s The State of Madhya Pradesh
Indore, dated 04.02.2022
Heard through Video Conferencing.
Shri Nilesh Dave, learned counsel for the appellant.
Shri Amit Singh Sisodia, learned Government Advocate
for the respondent / State.
Shri Brijendra Kumar Mishra, learned counsel for the
complainant.
Heard on I.A. No.29676/2021, 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.2 - Karan Singh S/o Hari Singh Rajput.
The present appellant along with other accused persons
have convicted for the offences punishable under Sections 147 of
the Indian Penal Code r/w Section 3(2)(VA) of the Schedule
Castes & Schedule Tribe (Prevention of Atrocities) Act, Section
304 (part - II) r/w 149 of the Indian Penal Code and Section 3(2)
(V) of Schedule Caste & Schedule Tribe (Prevention of
Atrocities) Act and sentenced to undergo 2 years' rigorous
imprisonment along with fine of Rs.1,000/-, 10 years' rigorous
imprisonment along with fine of Rs.2,000/- and Life
Imprisonment along with fine of Rs.2,000/- respectively. With
default clause to further undergo 6 months' rigorous
imprisonment under each sections.
As per prosecution story mentioned in para - 5 of the
impugned judgment, on 03.07.2014 at about 2:00 pm, when
Dariyav Bai went to the government tube well to take water,
accused - Arvind Singh assaulted her by means of stick. When
the son of Dariyav Bai, Mukesh came to save her accused -
Dhara Singh assaulted him by means of wood. Thereafter,
husband of Dariyav Bai, Mohanlal also came there then other
accused persons namely Gokul Singh, Narayan Singh, Kishore
Prem Singh and present appellant came there with stick and
assaulted Mohanlal. Accused - Dilip and Gokul assaulted by
means of fists and kicks. Mohanlal suffered injuries on head,
shoulder, back and stomach. The injured were taken to the
hospital and during treatment, Mohanlal died. Thereafter, all the
accused persons have been arrested.
All the appellant have been convicted for the offences
punishable under Section 304 part - II r/w section 149 of the
Indian Penal Code and sentenced to undergo 3 years' rigorous
imprisonment but for the offences under Section 3(2)(V) of the
Schedule Caste & Schedule Tribe (Prevention of Atrocities) Act,
they have been sentenced to undergo Life Imprisonment. Looking
to the injuries sustained by Mohanlal (deceased) as per the
doctor's opinion and MLC, offence would not travel more than
Section 325 of the IPC as the stick is not a deadly weapon,
therefore, not liable to be convicted under Section 3(2)(V) for
Life Imprisonment. Appellant - Karan Singh is in custody since
07.07.2014 i.e. more than seven years. There is no likelihood of
final hearing of this appeal in near future. There is no cross
appeal by the State challenging the conviction under Section 304
part - II in place of 302 of the IPC. Hence, jail sentence of this
appellant may be suspended.
Learned Panel Lawyer for the respondent / State as well
as counsel for the complainant opposed the application and
supported the impugned judgment.
Looking to the period of custody, the nature of role
played by the present appellant, we deem it proper to suspend the
remaining jail sentence of this appellant. Accordingly, I.A.
No.29676/2021 stands allowed.
The execution of remaining jail sentence of appellant
No.2 - Karan Singh S/o Hari Singh Rajput is hereby suspended
and it is ordered that the appellant be released on bail on his
furnishing a personal bond for a sum of Rs.50,000/- (Rupees
Fifty Thousand Only) with one solvent surety 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 Registry of this Court on 12.09.2022 and also
on such other dates, as may be fixed by the Registry of this Court
in this regard during the pendency of this appeal.
Certified copy, as per rules.
(VIVEK RUSIA) (PRANAY VERMA)
JUDGE JUDGE
Ravi
Digitally signed by RAVI PRAKASH
Date: 2022.02.07 10:19:21 +05'30'
