Amarsingh And Anr. vs The State Of Madhya Pradesh
2022 Latest Caselaw 1934 MP

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           The High Court Of Madhya Pradesh
                     CRA No. 237 of 2012
              (AMARSINGH AND ANR. AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Indore, Dated : 11-02-2022
      Heard through Video Conferencing.

      Shri Virendra Sharma, learned counsel for the appellant.
      Shri Sudhanshu Vyas, learned Panel Lawyer for the respondent/State.

Heard on I.A. No.1237/2022, Second application under Section 389(1) of Cr.P.C. for suspension of remaining jail sentence of appellant No.1 Amar Singh. First application for suspension of remaining jail sentence has been dismissed on

30.06.2017.

The appellant has been convicted under Section 302 of I.P.C. and sentenced to undergo live imprisonment with fine of Rs. 1,000/- with default stipulation by the Additional Session Judge, Khachroad, District Ujjain vide judgment dated 25.01.2012 passed in S.T. No.23/2008.

As per prosecution story, on 01.10.2007, Vikram Banjara came to house and saw that his father late Tolaram caught hold by Sanjay. Thereafter, Dilip and appellant stabbed him by knife on his chest, stomach and head. When he reached to save, these appellant ran away. Dilip was also there. He took his father to

Hospital where he died.

Learned counsel for the appellant submits that it is case of sudden provocation. The appellant has suffered 10 years of jail sentence. In identical facts and circumstance, the Coordinate Bench of this Court in Criminal Appeal No.86/2016, Criminal Appeal No.520/2012 and Criminal Appeal No.104/2015 on account of completion of 50% jail sentence has suspended the remaining jail sentence of the appellant, therefore, he prays for suspension of remaining jail sentence of the appellant.

Learned Panel Lawyer for the respondent/State submits this is appeal of 2012 and the appellant has completed more than 10 years in jail. It is not a case of section 304-Part II of I.P.C. the appellant and others went to the house of the deceased with common intention and assaulted by means of knife. There is regular Division Bench to hear the matter in which appellant has completed more than 10

years in jail, therefore, this appeal be directed to be listed before the Division Bench II.

In view of the above, the I.A. No.1237/2022 is disposed of. Office is directed to list this Criminal Appeal before the Division Bench II for final hearing.

         (VIVEK RUSIA)                                  (RAJENDRA KUMAR (VERMA))
             JUDGE                                               JUDGE

      Praveen




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Date: 2022.02.15 18:43:25
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