Sanju Rathore vs The State Of Madhya Pradesh
2022 Latest Caselaw 500 MP

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  HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
(DB: HON. Mr. JUSTICE VIVEK RUSIA & HON. Mr. RAJENDRA
                        KUMAR (VERMA)
                 Criminal Appeal No.1681/2017
             ( Sanju Rathore Vs. The State of M.P.)

Date: 11.01.2022 INDORE :
      Shri Sunil Gupta, learned counsel for the appellant.
      Shri Sudhanshu Vyas, learned Government Advocate for the
respondent/State.

Heard on I.A. No.7687/2021, which is Second application under Section 389 (1) of the Cr.P.C. for suspension of jail sentence filed on behalf of the appellant-Sanju Rathore.

The present appeal has been filed against judgment dated 30.06.2017 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Indore in Special Case Trial No.59/2012 whereby the appellant has been convicted for the offence punishable under Section 148, 302, 307/149, 324/149, 323 (two counts) of I.P.C., Section 25(1-B) (b) of Arms Act and sentenced to undergo 2 years R.I., life imprisonment, 10 years R.I., 3 years R.I., 1 year R.I., 2 years R.I. with fine of Rs. 1000/- each for the offence under Section 302 and 307/149 of I.P.C. Section 25(1-B) (b) of Arms Act with default stipulation.

First application for suspension of remaining jail sentence was dismissed as withdrawn vide order dated 07.09.2018 As per prosecution story on 09.02.2012 Laxman son of Bonder lodged a Dehati Nalish that he was sitting grocery shop infront of his house. At about 11:00 Raju and Sonu came there and enquired about the Naveen and started abusing him by filthy language. Raju was carrying country made pistol and Sonu was carrying baseball in his hand. The grandson of Laxman i.e. Ashok came out side. They told

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that Naveen has put their hut in the fire. Scuffle started between Raju, Sonu and Ashok. Thereafter Sonu called Sanju (present appellant), Bharat, Vishnu, Bhaiyalal, Sitaram, [email protected] Chikna . They all came spot equipped with knife, sword, Gupti, Baseball and stick in their hands. Sanju gave a blow by sword to Ashok in his neck. He gave second blow on the chest of Ashok. Thereafter Ashok caught hold the Sanju then Bhanu stabbed the knife in his stomach. He fell down. Naveen tried to save the Ashok, then Sitaram gave a blow by sword. Thereafter other relatives came to rescue them, they also assaulted by stick. The incident was witnessed by Baby Bai thereafter all accused persons fled away from the spot. All the injured were admitted in the M.Y. Hospital where Ashok succumbed to the injuries. The charge-sheet was filed against as many as seven accused persons. The prosecution has examined 20 witnesses to establish the charges. PW-1 and PW-2 have supported the case of prosecution. After appreciating the evidence came on record, the learned Special Judge vide judgment dated 30.06.2017 has convicted all the seven accused for the above offences.

Learned counsel for the appellant has refereed the statement of Dr. Sunil Jaiswal (PW-6) and submits that the injury No.2 was said to have been caused by knife. The injury by knife was caused by Sonu, whose jail sentence has been suspended by this Court. This appellant is not keeping good health in jail. There is regular blood transfusion to him for which the report has been called from the concerned jail authorities. Hence, remaining jail sentence of the appellant may be suspended.

Learned Government Advocate opposes the application by submitting that the appellant is suffering from anemia for which he is being given treatment, therefore, no case of suspension of remaining

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jail sentence is made out on this ground alone.

I have heard learned counsel for the parties and perused the record.

There is specific allegation against the appellant to cause injury to Ashok by means of sword on his neck and chest. The treatment is being given to him from jail.

In view of the above, we are of the opinion, no case is made out for suspension of remaining jail sentence of the appellant. Accordingly, I.A. No.7687/2021 is hereby dismissed.

Certified copy as per Rules.

            VIVEK RUSIA                       RAJENDRA KUMAR (VERMA)
               JUDGE                                    JUDGE



            praveen/-


PRAVEEN NAYAK
2022.01.12
18:47:16 +05'30'