Devendra Singh Thakur vs The State Of Madhya Pradesh
2022 Latest Caselaw 501 MP

                                                                       1                              CRA-1270-2021
                                             The High Court Of Madhya Pradesh
                                                      CRA No. 1270 of 2021
                                             (DEVENDRA SINGH THAKUR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                     Jabalpur, Dated : 11-01-2022
                                            Heard through Video Conferencing.

                                            Shri Siddharth Datt, learned counsel for appellant No.1 Devendra Singh
                                     Thakur s/o Shri Narayan Singh Thakur.
                                            Shri S.K. Malvi, learned Panel Lawyer for respondent -State.

Heard on I.A. No.13316/2021, which is an application for suspension of sentence and grant of bail on behalf of the appellant No.1

Devendra Singh Thakur s/o Shri Narayan Singh Thakur.

Appellant No.1 Devendra Singh Thakur has been convicted vide judgment dated 18/02/2021 passed by the First Additional Sessions Judge, Begumganj, District-Raisen (M.P.) in S.T. No.100158/2013 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.5,000/- with default stipulation.

Learned counsel for the appellant submits that the FIR/complaint was lodged by the daughter of deceased Rajni (PW-1). As per the prosecution

story, this appellant assaulted the deceased by means of hammer. By taking this Court to the injuries mentioned in para 11 of the judgment, it is submitted that none of injury was caused by a hard and blunt object but indeed injuries were caused by a sharp cutting weapon. By taking this Court to the statement of Doctor (PW-3) it is submitted that he categorically admitted that injuries found on the person of deceased could not have been caused by a weapon namely angle like hammer. The statements of both the daughters of deceased PW-1 and PW-2 were also relied upon to submit that the injuries were caused by a hammer. By placing reliance in the case of Jadu Yadav and others vs. State of Bihar, AIR 1994 SC 957, it is urged that when there was no likelihood of any injury being caused by hammer, the conviction of appellant Signature Not Verified SAN is unsustainable. The final hearing of this appeal may take time. The

Digitally signed by MANJU CHOUKSEY Date: 2022.01.12 16:48:18 IST 2 CRA-1270-2021 remaining jail sentence of the appellant no. 1 may be suspended.

Learned Panel Lawyer for the State has vehemently opposed the prayer by taking this Court to relevant paragraphs of the judgment.

We have heard learned counsel for the parties at length. Considering the aforesaid factual backdrop and without expressing any conclusive opinion on merits of the case, we deem it proper to suspend

the remaining jail sentence of the appellant No.1 Devendra Singh Thakur.

Considering the aforesaid I.A. No.13316/2021 is allowed and the remaining jail sentence of appellant No.1 is hereby suspended and it is directed that the appellant No.1 be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court, Raisen 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

                                     manju




Signature Not Verified
  SAN




Digitally signed by MANJU CHOUKSEY
Date: 2022.01.12 16:48:18 IST