Harnam vs The State Of Madhya Pradesh
2022 Latest Caselaw 502 MP

                                                                         1                          CRA-2218-2021
                                      The High Court Of Madhya Pradesh
                                               CRA No. 2218 of 2021
                                                     (HARNAM Vs THE STATE OF MADHYA PRADESH)

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

                                 Shri Sharad Verma, learned counsel for appellant.
                                 Shri Dilip Parihar, learned Panel Lawyer for respondent -State.

Heard on I.A. No.5279/2021, which is an application for suspension of sentence and grant of bail on behalf of the appellant Harnam.

Appellant Harnam has been convicted vide judgment dated 27/02/2021 passed

b y the 7th Additional Sessions Judge, Sagar, District-Sagar (M.P.) in S.T. No.171/2019 for commission of offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo for Life Imprisonment and fine of Rs.10,000/- with default stipulation.

Learned counsel for the appellant submits that sole reason for conviction of appellant is a dying declaration of his wife which is untrustworthy because of statement of Rekha (PW-2) who is an independent witness and neighbour as well as statements of PW-4 and PW-11 sons of the deceased. It is further submitted that appellant was not available at the place of incident. He came lateron which is evident

from statement of Rekha. Thus, appellant may be given benefit of suspension of sentence.

Learned Panel Lawyer for the State has vehemently opposed the prayer on the basis of dying declaration and findings of Court below.

The dying declaration is recorded by the Executive Magistrate which prima facie appears tobe in order and inspires confidence. Para 52 of the judgment shows that appellant himself sustained certain burn injuries which prima facie shows that he was present at the place of incident.

Considering the aforesaid, at this stage, no case is made out for suspension of sentence. Accordingly, the I.A.No.5279/2021 is hereby dismissed.

Certified copy as per rules.

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Digitally signed by MANJU CHOUKSEY
Date: 2022.01.12 16:48:19 IST
                                         2                CRA-2218-2021
                         (SUJOY PAUL)       (ARUN KUMAR SHARMA)
                            JUDGE                  JUDGE




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Digitally signed by MANJU CHOUKSEY
Date: 2022.01.12 16:48:19 IST