Dataram vs State Of Madhya Pradesh
2022 Latest Caselaw 1927 MP

1                                  CRA No. 3307 of 2020

    THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH

                   Criminal Appeal No.3307 of 2020
                   (DATARAM VS. STATE OF MADHYA PRADESH)
Indore, Dated : 11-02-2022
              Heard through Video Conferencing.

       Shri Vivek Singh, learned counsel for the appellant.

       Shri Ranjeet Sen, learned counsel appearing on behalf of
Additional Advocate General.
       Heard on I.A.No.26937/2021, which is the second

application under Section 389(1) of the Cr.P.C. for suspension of

jail sentence of the appellant.

       The appellant has been convicted by the I Additional

Sessions Judge,Mandsaur (M.P.) vide judgment dated 18.3.2020

passed in S.T. No.101/2017 and sentenced him as under:-

      Conviction                          Sentence
    Section     Act    Imprisonment           Fine         Imprisonment
                                                           in lieu of fine
     302        IPC       RI for life      Rs.5000/-       6 months RI
     201        IPC      4 years RI       Rs.50,000/-      6 months RI


       Appellant's earlier application I.A.No. 1096/2021 for

suspension of jail sentence has been dismissed as withdrawn on

31.5.2021

.

Counsel for the appellant has submitted that the appellant

has been falsely implicated in the case and it is a pure case of

accident as the father of the appellant, who also happens to be the

father of the deceased Shivshankar @ Cheeku has not supported

the prosecution case. Thus, it is submitted that there is no other

material available on record to connect the appellant with the

offence. In such circumstances, the application be allowed and the

jail sentence be suspended and he be released on bail.

Counsel for the State, on the other hand, has opposed the

prayer and it is submitted that in the FSL report the shirt which

was seized from the appellant had blood stained.

In rebuttal, Shri Vivek Singh has submitted that the blood

group of the shirt seized from the appellant was of "B" but there is

no blood group of the deceased available on record which could

connect the shirt of the appellant with the incident. Counsel has

further submitted that since the appellant had taken his brother to

the hospital it was natural that his shirt would also be stained with

blood.

On due considering the rival submissions and on perusal of

the record, it is found that the deceased was the real brother of the

appellant and the P.W.2 is the father of the deceased as also of the

appellant, has retired as a Sub-Inspector has not supported his

statement recorded under Section 161 of the Cr.P.C. However, on

the statement recorded under Section 164 of the Cr.P.C. he has

admitted his signature. It is also found that in the FSL report the

shirt of the appellant was found to be blood stained and there is no

explanation forthcoming from him. On perusal of the record, it is

also found that the body of the deceased was lying in the house, on

the spot where he died and as such the blood stained shirt of the

appellant assumes importance.

In view of the same, no case for suspension of jail sentence

is made out. Accordingly, I.A.No.26937/2021 stands dismissed.

            (Subodh Abhayankar)                         (Pranay Verma)
               JUDGE                                      JUDGE


moni
       Digitally signed by MONI RAJU
       Date: 2022.02.14 16:57:54
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