Vinod @ Lalla vs The State Of Madhya Pradesh
2022 Latest Caselaw 675 MP

                                     1
        The High Court Of Madhya Pradesh
                 CRA No. 2045 of 2020
                    (VINOD @ LALLA Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 13-01-2022
      Heard through Video Conferencing.

      Shri Jai Shukla, Advocate for the appellant.
      Shri Sanjay K. Malvi, Panel Lawyer for the respondent/State.

Heard on I.A.No.582/2021, an application for suspension of sentence and grant of bail filed on behalf of the appellant who stands convicted for offence punishable under Sections 302 and 201 of IPC and sentenced to

undergo R.I for life imprisonment with fine of Rs.5000/- and 5 years R.I with fine of Rs.2000/- respectively with default stipulation.

Learned counsel for the appellant fairly submits that the allegation against the appellant is regarding murder of his wife and son (aged about 10 years). Learned counsel for the appellant submits that there was no eye witness to the incident. The chain of circumstantial evidence is not complete and satisfactory on the strength of which conviction could have been recorded. As per medical evidence PW-17 and D/1 the burn injuries became the reason for the death and not the strangulation. The seizure witnesses of

kerosine jerkin turned hostile. As per prosecution witnesses the appellant was at "Durga Pandal" at the time of the incident and, therefore, there is no evidence to connect the appellant with the incident muchless the last seen evidence.

The prayer is opposed by Shri Sanjay K. Malvi, Panel Lawyer for the respondent/State.

Prima facie, we find substance in the plausible findings given in para Nos. 29, 42 and 45 of the judgment. The appellant is held guilty for murdering of his own wife and small child. At this stage no case is made out for suspension of sentence.

Accordingly, I.A No.582/2021 is dismissed.

                                      (SUJOY PAUL)       (ARUN KUMAR SHARMA)
                                         JUDGE                   JUDGE
                                   Vin**




Signature Not Verified
  SAN




Digitally signed by VINOD SHARMA
Date: 2022.01.14 11:43:37 IST