Dharmendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 2115 MP

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              HIGH COURT OF MADHYA PRADESH,
                          BENCH AT GWALIOR
                             CRA-4341-2021
                        (Dharmendra Vs. State of M.P.)



Gwalior, Dated : 16/02/2022

      Shri U.K. Bohare, learned counsel for the appellant.

      Shri Rajesh Kumar Shukla, learned Deputy Advocate General for

the respondent/State.

I.A. No.27643/2021, an application under Section 389(1) Cr.P.C.,

seeking suspension of sentence and grant of bail filed on behalf of the

sole appellant- Dharmendra is taken up for consideration.

Appellant has been convicted under Section 302 of IPC and

sentenced to suffer Life Imprisonment with fine of Rs.500, under Section

201 of IPC and sentenced to suffer two years RI with fine of Rs.100/-,

under section 27 of Arms Act and sentenced to suffer three years RI with

fine of Rs.100/-with default stipulations vide judgment dated 15/03/2021

passed in S.T. No.125/2014 by 2 nd Additional Sessions Judge,

Mungawali, District- Ashoknagar (M.P). According to the learned

counsel for the appellant, the appellant has undergone jail sentence of

about two years and ten months only till now.

As per the prosecution story, on 29/04/2014, complainant-

Raghunath Singh/father of the deceased- Devendra Singh lodged a

complaint at Police Station- Mungawali alleging that on 27/04/2014, his

son/deceased- Devendra Singh had left the house at about 5:00 PM with

gold and silver jewelry as described in Para- 2 of the impugned judgment

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-4341-2021 (Dharmendra Vs. State of M.P.)

alongwith accused persons namely- Dharmendra (present appellant),

Shivkumar Yadav, Babuji Yadav residents of Kirola and they were seen

going towards the forest area by the villagers. The aforesaid information

was given to the complainant by PW-4-Binni Bai; mother of the

deceased. Besides her, PW-3- Phool Singh resident of village Silawan

informed that PW-1- Raju Yadav had told him that dead body of

Devendra Singh was lying in the forest near Karangarh Jakaura, based

whereupon Marg No. 22/014 was registered under Section 174 of Cr.P.C.

During the course of the investigation, statements of the complainant-

Raghunath Singh and prosecution witnesses namely- Kaptan Singh

Yadav, Raju Yadav, Phool Singh and Subaju Yadav were recorded and on

spot inspection empty cartridges were seized. As per postmortem report,

deceased had died homicidal death. The following injury was found on

the body of the deceased:-

• Wound of entrance over right occipito parietal region seen

of size 1x1cm, ante-mortem.

On internal examination, doctor noticed fracture of occipital &

right parietal bone with hole size 2x2½ cm. Brain matter was liquified.

Skull cavity was filled with innumerable maggots. No foreign body

could be found in skull cavity. Probably it may have passed out from

orbital or oral cavity as both cavities were open due to liquification and

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-4341-2021 (Dharmendra Vs. State of M.P.)

decomposition. In the opinion of doctor cause of death was head injury

resulting in cardio-respiratory arrest.

Upon examination of witnesses, report was prepared to the effect

that on 27/04/2014 at about 5:00 PM, the present appellant -Dharmnedra

and co-accused Babuji Yadav and Shivkumar had taken the deceased-

Devendra Singh alongwith jewelry items under the pretext of purchasing

gun towards the forest area of Karangarh Jakaura. The deceased-

Devendra Singh was hit by gunshot on back side of his head and his dead

body was concealed in the bushes of the forest. Accused persons looted

the deceased's jewelry items. Accordingly, crime case No.145/2014 has

been registered against the appellant alongwith co-accused persons under

Sections 302, 394, 201 and 34 of the IPC .

Shri U.K. Bohare, learned counsel for the appellant contends that

PW-1- Raju Yadav has turned hostile, therefore, the story that he had

informed Phool Singh who in turn informed the complainant- Raghunath

Singh about the dead body of the deceased lying in the forest area is

belied. He further contended that alleged jewellry, though is said to have

been identified by PW-4- Binni Yadav who is the mother of the deceased,

but none of the jewelry items was produced before the Court.

Investigating Officer was also not examined. Under these circumstances,

the story planted by the prosecution is not proved beyond reasonable

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-4341-2021 (Dharmendra Vs. State of M.P.)

doubt. It is a case of circumstantial evidence. Chain is not complete and

therefore, conviction of the appellant is based on surmises and

conjuctures. Under such circumstances, the appellant is entitled for

suspension of sentence and grant of bail.

Per contra, Shri Rajesh Shukla, learned Deputy Advocate General

referring to Para 10, 12 and 15 of the impugned judgment submits that

PW-4- Binni Bai has deposed that she had seen her son/deceased-

Devendra having gone in company of three persons namely- Dharmendra

(present appellant), Shivkumar Yadav and Babuji Yadav from home. The

deposition of PW-2- Kaptan Singh, as discussed in para 10 of the

impugned judgment, is that PW-2- Kaptan Singh has also stated that on

27/04/2014 (Sunday) while he was cutting woods, deceased- Devendra

was seen alongwith present appellant (Dharmendra), Shivkumar Yadav

and Babuji Yadav going towards the forest. Thereafter, in the evening

when PW-2 Kaptan Singh came back to his house, his brother-

Raghunath told him that Devendra had not come back home. Thereafter,

PW-2- Kaptan Singh and the complainant had gone to the village to

search for him but they did not find him. Thereafter, missing report was

registered. The deposition of PW-9- Shivraj is discussed in para 15 of the

impugned judgment wherein he has admitted the signatures on the

seizure memo prepared for seizure of jewellery (Ex.P/11) and Katta

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-4341-2021 (Dharmendra Vs. State of M.P.)

(P/12), Panchnama of dead body (Ex.P/6) and arrest memo (Ex.P/9). In

para 25 of the judgment learned judge has discussed about seizure of

Katta from the house of the present appellant. Seizure witnesses PW-9-

Shivraj and PW-6- Subaju have admitted the seizure of Katta from the

house of the accused appellant and admitted their signatures on Ex.P/10.

With the aforesaid submission, learned Deputy Advocate General

submits that chain is complete in the matter of commission of crime.

Trial Court upon critical evaluation of evidence on record has justifiably

convicted the appellant for the offence, as stated above. Under such

circumstances, the appellant is not entitled for suspension of sentence

and grant of bail.

Upon hearing learned counsel for the parties, this Court finds

substantial force in the submissions advanced by learned Deputy

Advocate General for the State. The depositions of PW-4- Binni Bai,

PW-2- Kaptan Singh and PW-9- Shivraj have also been perused. This

Court prima facie finds it a case of complete chain of circumstances

leading to homicidal death of the deceased- Devendra. The testimony of

PW-1- Raju Yadav, who was declared hostile shall not demolish the

entire story of prosecution in the obtaining facts and circumstances of the

case.

Regard being had to the aforesaid discussion on facts and

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-4341-2021 (Dharmendra Vs. State of M.P.)

circumstances of the case and the evidence placed on record, prima facie

there is no reason to suspend the jail sentence of the appellant at this

stage.

Accordingly, IA No.27643/2021 under Section 389(1) of Cr.P.C.

preferred by the appellant stands dismissed.

Observations on facts are only for the purpose of deciding IA

No.27643/2021 and shall have no bearing on merits of the appeal.

  (ROHIT ARYA)                          (SATISH KUMAR SHARMA)
     JUDGE                                      JUDGE



rahul
                                                       Digitally signed by RAHUL SINGH PARIHAR

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0 cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D48 7, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD 4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.02.17 16:12:41 +05'30'