Vikas @ Shubham Tomar vs The State Of Madhya Pradesh
2022 Latest Caselaw 448 MP

                                   1                             CRA-3240-2016
        The High Court Of Madhya Pradesh
                 CRA No. 3240 of 2016
             (VIKAS @ SHUBHAM TOMAR Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 10-01-2022
      Heard through Video Conferencing.

      Mr. Manish Datt, learned Senior Advocate with Shri Siddharth Datt,
learned Advocate for the appellant.
      Mr. S.K. Malvi, learned Panel Lawyer for respondent -State.

Heard on admission.

Record has already been received.

The appeal being arguable is admitted for final hearing. Heard on I.A. No.14040/2021 which is repeat (fourth) application for suspension of sentence and grant of bail on behalf of the appellant.

T he appellant has been convicted vide judgment dated 03.10.2016 passed by Third Additional Sessions Judge, Damoh, District-Damoh (M.P.) in S.T. No.400078/15 for commission of offence punishable under Sections 363, 364, 302/120-B and 201 of the Indian Penal Code and sentenced to undergo RI for 3 years with fine of Rs.500/-; RI for 5 years with fine of Rs.500/-, life Imprisonment with fine of Rs.500/- and RI for 3 years with fine

of Rs.500/- with usual default stipulation.

Learned counsel for the appellant submits that learned trial Court has committed error in law in holding the accused - appellant guilty for the alleged offences. There is no plausible and cogent evidence to indicate that the present appellant hatched any criminal conspiracy with other co-accused in order to cause death of the deceased. No any incriminating article was seized from the exclusive possession of the present appellant and identification of the appellant is also suspicious. Further submitted that most of the prosecution witnesses have not supported the prosecution case. The appellant is in jail since 3.10.2016 and if the sentence is not suspended the purpose of filing the present appeal would become infructuous. Hence, prayer is made to enlarge the appellant by suspending the jail sentence.

2 CRA-3240-2016 Learned Panel Lawyer opposed the aforesaid contentions and prayed for its rejection.

After having heard learned counsel for the parties and on perusal of the record, we find that there is sufficient evidence available on record against the appellant - accused for holding him guilty of the alleged offence. He has

played active role in abducting the deceased, aged about 13 years, and causing death by strangulation and thereafter, throwing the dead-body of the deceased into a nearby jungle with intend to cause disappearance of evidence. Hence, the aforesaid IA is dismissed.

List the appeal for final hearing in due course.

             (SUJOY PAUL)                                   (ARUN KUMAR SHARMA)
                JUDGE                                              JUDGE

        JP

JITENDRA KUMAR PAROUHA
2022.01.11 10:21:49 +05'30'