Harcharan vs The State Of Madhya Pradesh
2022 Latest Caselaw 2091 MP

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              HIGH COURT OF MADHYA PRADESH
                   Criminal Appeal No. 7359/2021

       (Harcharan and another Vs. State of Madhya Pradesh)

JABALPUR; Dated: 15.02.2022

     Shri Narendra Kumar Sharma, counsel for the appellants.

     Shri Sourabh Shukla, Panel Lawyer for the State.

     Heard on admission.

     Admit.

     Also heard on I.A. No.21669/2021, which is first application

under Section 389 (1) of Cr.P.C. for suspension of sentence on behalf

of both the appellants viz., Harcharan and Jaipal @ Haslke. Both

the appellants have been convicted under Section 307 read with

Section 34 and 323 read with Section 34 I.P.C and have been

awarded five years and six months R.I. respectively with fine of

Rs.1000/- on each counts and in default to undergo further R.I. for

three months on each count.

2.   According to the prosecution case, four accused persons viz.

Harcharan having lathi, Gaurishankar having Kulharhi, Sanju having

hammer and Jaipal having lathi assaulted Govinddas and beat him

mercilessly. They also caused injuries to his Bhabhi Umdi, sister

Mamta and Pushpendra by the same articles, when they intervened to

save Govinddas.     But when produced before the Court all the

material witnesses exonerated Gourishankar and Sanju, therefore, the
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Trial Court acquitted both of them. Before the Police all the victims

came with a case that Gourishankar and Sanju caused injuries to

main injured Govinddas by axe and hammer. But before the Court

they deposed that they both were not even present on the spot and as

per the advice of their counsel they have named them in the F.I.R.

Before the Court all the witnesses have come with a case that it was

Harcharan and Jaipal @ Halke who caused all the injuries to all the

victims including the head injuries which was found dangerous to

life of Govinddas.

3.    Learned Panel Lawyer has referred to the statement of

Govinddas and relevant paragraphs of the judgment of the Trial

Court but has not controverted the facts raised by the learned counsel

for the appellants.

4.    In view of the two versions available on record a case for

suspension is made out. Therefore, I.A. No. 21669/2021 is allowed.

5.    It is directed that on deposition of fine amount and also on

furnishing personal bond of Rs.30,000/- (Rupees Thirty Thousand

Only) each with one solvent surety in the like amount to the

satisfaction of the trial Court for their appearance before this

Court/Registry on 13.06.2022 and on all other subsequent dates, as

may be fixed by the Registry in this behalf, the execution of

substantial jail sentence imposed on the appellants Harcharan and
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                       Jaipal @ Halke shall remain suspended, till final disposal of this

                       appeal.

                       7.     List the matter for final hearing in due course.


                                                                            (Virender Singh)
                                                                                JUDGE
        VIVEK

VIVEK KUMAR TRIPATHI
2022.02.16

10:49:50 +05'30'