Ajay Singh Mehdele Alias Rajjo vs The State Of Madhya Pradesh
2022 Latest Caselaw 2290 MP

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                                               The High Court Of Madhya Pradesh
                                                        CRA No. 2752 of 2016
                                           (AJAY SINGH MEHDELE ALIAS RAJJO AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                    Jabalpur, Dated : 18-02-2022
                                           Shri Madan Singh, learned counsel for the appellants.

                                           Shri S.K. Malvi, learned Panel Lawyer for the respondent/State.

Heard on IA No.20232/2021, application for suspension of sentence and grant of bail to appellant No.2/Shashikant @ Monu.

The appellant No.2 has been convicted under Sections 302/34 of the I.P.C. and sentenced to undergo life imprisonment with fine of Rs.10,000/- and Section

341 of IPC and sentenced to undergo S.I. for one month with fine of Rs.200/-with default stipulation.

Learned counsel for the appellant submits that most of the prosecution witnesses have turned hostile. There is serious discrepancies in the statement of prosecution witnesses to the extent that they have described the nature of weapon and nature of injuries being caused by present appellant. No application of appellant is decided on merits. The appellant remained in custody for 8 years 8 months and 10 days. Thus, remaining jail sentence of this appellant may be suspended.

The prayer is opposed by Shri S.K. Malvi, Panel Lawyer by placing reliance on judgment of the Supreme Court in AIR 1983 SC 753 (Bharwada Bhoginbhai Hirjibhai vs. State of Gujarat), wherein it was held that it cannot be expected from a witness to give details of the incident with accuracy and precision. The minor discrepancies relating to nature of weapon and injuries will not cause any dent to the prosecution story.

The order dated 13/04/2018 shows that the matter was argued for at length and after perceiving that Court is not inclined to allow the application for suspension of sentence, the same was withdrawn.

As per Doctor's deposition and postmortem report, 22 injuries were found on the person of the deceased.

Signature Not Verified SAN Prima facie, we find substance in the argument of learned counsel for the Digitally signed by RASHMI RONALD VICTOR Date: 2022.02.18 16:43:37 IST State that when multiple persons attacked on a single person with different

weapons it is not possible to describe as to by which weapon which injury has been caused.

Considering the nature of the accusation which were found true, no case is made out for grant of suspension of sentence.

The I.A. is devoid of substance and is hereby dismissed.

                                         (SUJOY PAUL)                                  (MILIND RAMESH PHADKE)
                                            JUDGE                                               JUDGE

                                    RS




Signature Not Verified
  SAN




Digitally signed by RASHMI RONALD
VICTOR
Date: 2022.02.18 16:43:37 IST