Madhya Pradesh High Court
Abhi @Abhishek vs The State Of Madhya Pradesh on 10 January, 2022
Author: Sujoy Paul
1 CRA-6644-2021
The High Court Of Madhya Pradesh
CRA No. 6644 of 2021
(ABHI @ABHISHEK AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 10-01-2022
Through Video Conferencing.
Shri Ashish Kurmi, learned counsel for appellant no. 2, Rinki, W/o
Ram Kumar Athiya.
Shri S.K. Kashyap learned Govt. Adv. for respondent -State.
In the wake of unprecedented and uncertain situation due to outbreak
of the Novel Corona virus, (COVID -19) and considering the advisories
issued by the Government of India, the IA is heard and decided through
video conferencing to maintain social distancing. The parties are being
represented by the respective counsel thorough video conferencing, following
the norms and social distancing/physical distancing in letter and spirit.
Heard on admission.
This appeal is admitted for hearing.
Heard on I.A. No.19767/2021, which is an application for
suspension of sentence and grant of bail on behalf of the appellant no. 2,
Rinki, W/o Ram Kumar Athiya.
Appellant No.2 Rinki has been convicted vide judgment dated
20.10.2021 passed by the 5th Additional Sessions Judge, Sagar District-
Sagar (M.P.) in S.T. No.79/2019 for commission of offence punishable under
Section 302/34 of the Indian Penal Code and sentenced to undergo for Life
Imprisonment with fine of Rs.1,000/- with default stipulation and under
Section 341/34 of IPC and sentenced to undergo for SI for one month.
Learned counsel for the appellant no. 2 submits that there are multiple
dying declarations in the present case which narrate different story. In view
of inherent inconsistencies in the dying declarations, the conviction of
appellant no. 2 on the basis of dying declaration was not safe. By taking
this court to statement of Dr. Gourav Prajapati, (PW-4), it is submitted that
Signature Not Verified
SAN
this witness in clear terms stated that in view of burn injuries on the body
Digitally signed by BASANT KUMAR
SHRIVAS
Date: 2022.01.10 15:59:31 IST
2 CRA-6644-2021
of deceased, it was not possible for him to put signatures. Apart from this,
the sister of deceased namely Savitri, (PW-14) deposed that the deceased
studies only upto Class -2 and used to put his signature in Hindi and thus the
signatures on the dying declaration in English is extremely doubtful. The
appellant no. 2 is a house wife and has two children. The final hearing of
this appeal may take time. The remaining jail sentence of the appellant no. 2
may be suspended.
Learned Government Advocate for the State has vehemently opposed
the prayer by contending that infact there are three statements, one is dying
declaration and two other statements are relating to Section 161 of Cr.P.C.
and Dehati Nalishi/FIR.
Considering the aforesaid factual backdrop and mainly for the
reasons that the appellant no.2 is a woman having two children, without
expressing any opinion on merits of the case, we deem it proper to suspend
the remaining jail sentence of the appellant No.2 Rinki.
Considering the aforesaid I.A. No.19767/2021 is allowed and the
remaining jail sentence of appellant No.2 is hereby suspended and it is
directed that the appellant No.2 be released on bail on her furnishing a
personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only)
with one solvent surety of the like amount by the appellant No.2 to the
satisfaction of the trial court with a further direction to appear before the
trial Court, Sagar on 22.06.2022 and also on such other dates, as may be
fixed by the trial court in this regard during the pendency of this appeal.
List the appeal for final hearing in due course.
Certified copy as per rules.
(SUJOY PAUL) (ARUN KUMAR SHARMA)
JUDGE JUDGE
bks
Signature Not Verified
SAN
Digitally signed by BASANT KUMAR
SHRIVAS
Date: 2022.01.10 15:59:31 IST
