Madhya Pradesh High Court
Ankit vs The State Of Madhya Pradesh on 28 February, 2022
Author: Vivek Rusia
- : 1 :-
THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
DIVISION BENCH: HON'BLE Mr. JUSTICE VIVEK RUSIA &
HON'BLE Mr. JUSTICE AMAR NATH (KESHARWANI)
Criminal Appeal No.1293/2017
(Ankit and another V/s. State of M.P.)
Indore, Date: 28.02.2022:
Shri Avinash Sirpurkar, learned senior counsel with Smt. Seema
Sharma, learned counsel for the appellant No.2-Rohit Pal.
Shri Kamal Kumar Tiwari, learned counsel for the
respondent/State.
Heard on I.A. No.29362/2021, which is 3rd application for
suspension of sentence filed under Section 389(1) of the Code of
Criminal Procedure, 1973 on behalf of appellant No.2- Rohit Pal S/o
Omprakash Ji Pal.
The appellant No.2 has been convicted and sentenced as under:-
Conviction Sentence
Section Act Imprisonment Fine, if Imprisonment in
deposited, lieu of fine
details
302/149 IPC Life Rs.3,000/- 2 years' R.I.
Imprisonment
147 IPC 1 year Rs.500/- 3 months R.I.
148 IPC 2 years Rs.1000/- 6 months' R.I.
307/149 IPC 7 years Rs.2000/- 1 Year R.I.
As per prosecution story, on 14.01.2015 at about 11.15 P.M.
complainant Naveen (PW-3) lodged Dehati Nalshi (Exhibit P-1)
against Ajay Mali, Ankit Pal, Rohit Pal, Golu @ Akash Pal and Nitin
mentioning that on the date of incident at around 9.00 P.M., the
complainant along with Pratap and Arjun came from motorcycle
registration No.MP-13-D/Q-2338 at Jantar mantar Sqaure where they
stopped for drinking water from the Hand Pump and afterwards when
they were ready to go, at that time the accused persons came there with
- : 2 :-
common intention armed with knives, Sticks, stones and started
abusing the complainant party. Co-accused/appellant Akash @ Golu
and appellant/accused Rohit Pal were armed with knives and
appellant /accused Ankit was armed with Stick. The co-accused Golu
@ Akash caused injury to Arjun by using the knife, due to which Arjun
sustained injury in the heart, appellant/accused Rohit caused injury by
means of knife to Arjun due to which Arjun sustained injury on right
wrist and on the right thigh. The injured Pratap (PW-1) intervened in
the matter, then the appellant/accused Ankit caused injury to Pratap on
head and hand by means of stick. The co-accused Nitin and Ajay
caused injuries by means of stone due to which Pratap and Arjun
sustained injuries. Complainant Naveen (PW-3) also intervened in the
matter, then the co-accuseds Nitin and Ajay also caused him injuries
by means of kicks and fists. Complainant Naveen (PW-3) then shouted
at the place of incident, after listening to his call, Dililp Thakur came
and thereafter all the co-accused persons ran away from the place of
incident. Thereafter, complainant Naveen called his friend Sonu, who
reached the place of incident by Auto Rikshaw, from which Naveen,
Arjun and Pratap were taken to the City Hospital, Ujjain for treatment,
where Arjun and Pratap were admitted for treatment and during the
treatment Arjun died.
The appellant Rohit and other co-accuseds were arrested and
their statements were recorded under Section 27 of Indian Evidence
Act, and as per statement of appellant Rohit Pal, blood stained clothes
and knife were recovered from his possession as per seizure memo
Ex.P-24. Appellant Rohit Pal and other co-accused were tried by trial
court and the trial court after evaluating the evidence, came on record
and convicted the appellant No.2 Rohit Pal under the aforementioned
sections and other co-accuseds as per para No.51 of impugned
judgment. Hence, the present appeal is filed before this Court, and by
- : 3 :-
the application under Section 389(1) of the Cr.P.C., the appellant prays
for suspension of jail sentence and grant of bail.
Learned senior counsel for the appellant No.2-Rohit, submits
that as per Pratap (PW-1), who was injured in the incident and was also
eye witness to the incident, stated in his statement before the trial
court that the appellant No.2 - Rohit caused the injury by knife in the
left hand and right thigh of the deceased and that those injuries were
not fatal to life. Learned counsel for the appellant also submitted that
the appellant No.2 Rohit Pal is a permanent resident of District-Ujjain
and there is no possibility of his absconding and he was on bail during
trial and he did not misuse the liberty granted to him by this Court. He
further submitted that the application under Section 389 (1) of Cr.P.C.
for suspension of jail sentence of co-accused Ajay Mali and Ankit Pal
was allowed vide order dated 27.09.2017 by a coordinate Bench of this
Court. Therefore, he prayed for suspension of jail sentence of the
appellant No.2- Rohit Pal.
Learned counsel for the respondent/State opposed the prayer for
suspension of sentence by submitting that the case of appellant No.2-
Rohit is totally different from the other appellants - Ankit Pal and Ajay
Mali, therefore, appellant No.2- Rohit Pal is not entitled for suspension
of jail sentence and prays for dismissal of the application.
On perusal of the record of trial court, it discloses that Pratap
(PW-1), who was also injured in the incident stated in his statement
before the trial court that co-accused Rohit had assaulted Arjun
(deceased) with knife and caused injury to left hand and right thigh.
Dr. Jitendra Sharma (PW-7), who examined the deceased has said in
his statement before trial court that he found one incised wound on
wrist of left hand and one incised wound on left thigh. The postmortem
of the deceased Arjun was conducted by Dr. P.N. Tripathi (PW-13) and
he also found injuries on the body of the deceased and he opined that
- : 4 :-
Arjun Singh died due to "profuse holman" (excessive bleeding) and
shock as a result of injuries over the body specially injury No.2-
stabbed incised injury over chest.
The first application of the appellant No.2-Rohit Pal was rejected
on 21.12.2017 and second application was also rejected on 24.04.2019
by a coordinate Bench of this Court.
In view of the above facts and circumstances, at this stage, we
are not inclined to suspend the remaining jail sentence of the appellant
No.2- Rohit Pal. Accordingly, I.A. No.29362/2021 stands rejected.
(VIVEK RUSIA ) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
N.R.
Digitally signed by
NARENDRA
KUMAR RAIPURIA
Date: 2022.03.05
16:34:13 +05'30'
