Madhya Pradesh High Court
Ramsingh vs The State Of Madhya Pradesh on 8 February, 2022
Author: Vivek Rusia
- : 1 :-
THE HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
(D.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA AND HON'BLE
Mr. JUSTICE RAJENDRA KUMAR (VERMA) JJ.)
Criminal Appeal No.311/2015
(Ramsingh and another V/s State of M.P.)
Indore, Date: 08.02.2022:
Shri Siddharth Jain, learned counsel for the appellant.
Shri Sudhanshu Vyas, learned Govt. Advocate for the
respondent/State.
Heard on I.A. No.1502/2022 repeat 6th application for suspension
of sentence under section 389(1) of the Cr.P.C. filed on behalf of the
appellant no.1-Ramsingh. Out of five earlier applications only second
application for suspension of sentence was dismissed on merit thereafter
appellant Ramsingh was released on temporary bail for a period of seven
days vide order dated 08.03.2018.
The appellant and wife [email protected] have been convicted
vide judgment dated 12.02.2015 in Session Trial No.01/2014 passed by
the Sessions Judge, Dhar as below:-
Conviction Sentence
Section Act Imprisonment Fine Imprisonment
in Lieu of fine
302/34 IPC Life Imprisonment Rs.5,000/- 1 month R.I.
As per prosecution story, son of the deceased Mangilal P.W.-1 gave
an information to the police that dead body of his father Mangilal is lying
near the nallah and there is a ligature mark on his neck. He has not alleged
anything against this appellant. The said information was registered as
merg information Ex.P/3 on 20.11.2011.The police started the merg
investigation reached to the spot and dead body was sent to the
postmortem. An expert opinion was also sought from the Director of
Medicolegal Institute, Govt. of Madhya Pradesh about the cause of death.
The expert P.W.-10 sent its report (Exhibit-P/10) dated 23.02.2013 with an
opinion that "the over all facts are indicative of ligature strangulation
which is homicidal in nature". On the basis of that report police has
registered an FIR under section 302/34 of the IPC against the appellants
- : 2 :-
and their son Rahul on 01.05.2013. The police has recorded the statement
of one Chotu P.W.2 under section 161 of the Cr.P.C. on 02.05.2013 and
according to him he saw this appellant Ramsingh dragging the dead body
of the Mangilal near the nallah. According to him he becomes afraid and
did not report to the police.
Since Rahul was child in conflict with law therefore, he was tried
before the Juvenile Court. After completing the investigation charge sheet
was filed against the appellant and his wife. They denied the charges and
pleaded for trial. The prosecution has examined as many as 10 witnesses.
After evaluating the evidence both have been convicted under
section 302/34 of the IPC and sentenced to undergo the above stated
period.
Learned counsel for the appellant no.1 Ramsingh submits that
appellant is in jail since more than 9 years. In this case initially no
allegation and suspicion was made against these appellants. The merg was
registered on 20.11.2011 and after a period of 13 months FIR was
registered. The P.W.2 Chotu was available in the village but he came on
the picture only after receipt of the expert report therefore, conviction
against the appellant is bad in law. There is no likelihood of hearing of
this appeal in the near future. Hence, counsel prays for grant of
suspension to the appellant.
Learned Govt. Advocate for the respondent/State opposes the
prayer for suspension of sentence of the appellant.
Considering the facts and circumstances, without commenting on
the merits of the case the application for suspension of sentence I.A.
No.1502/2022 is allowed. Execution of jail sentence of the appellant is
hereby suspended and it is ordered that the appellant No.1- Ramsingh be
released on bail on his furnishing a personal bond for a sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with separate surety in the
like amount to the satisfaction of the learned trial Court for his appearance
before the Court, the execution of custodial part of the sentence shall
remain suspended, till the final disposal of this appeal.
The appellant shall mark his presence before the registry of this
- : 3 :-
Court on 26/09/2022 and on all such subsequent dates, which are fixed in
this regard by the Registry.
I.A. No.1502/2022 stands disposed of.
List the appeal for final hearing in due course.
Certified copy as per rules.
(VIVEK RUSIA ) (RAJENDRA KUMAR (VERMA))
JUDGE JUDGE
Ajit
AJIT
Digitally signed by AJIT KAMALASANAN
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH INDORE, ou=HIGH COURT
OF MADHYA PRADESH BENCH INDORE,
KAMALA
postalCode=452001, st=Madhya Pradesh,
2.5.4.20=156c9cedca1b74d671db9f220a5e3e
d6cba241effad892107d95ef0a1afc55b4,
pseudonym=CFDFD9C36711CA738F527A5D
61A1EE901C09EF29,
SANAN
serialNumber=7F0BEE2D78BD57DA058F3247
441C87E7E0817FB61F5E2ABCAEE63CAAA7B
3B9FF, cn=AJIT KAMALASANAN
Date: 2022.02.08 17:41:46 +05'30'
