Madhya Pradesh High Court
Radheshyam vs The State Of Madhya Pradesh on 14 January, 2022
Author: Vivek Rusia
-1-
High Court of Madhya Pradesh : Bench At Indore
Criminal Appeal No.896/2020
Radheshyam v/s The State of Madhya Pradesh
Indore, dated 14.01.2022
Heard through Video Conferencing.
Shri S.K. Meena, learned counsel for the appellant.
Shri Sudhanshu Vyas, learned Panel Lawyer for the
respondent / State.
Heard on I.A. No.276/2021 which is second application
under Section 389(1) of the Code of Criminal Procedure, 1973 for
suspension of jail sentence and grant of bail filed on behalf of
appellant - Radheshyam S/o Kaluram Banjara. The first and third
application for temporary suspension for period of two months and
six months respectively have been dismissed. The present second
application is filed seeking suspension of jail sentence on merits.
The appellant along with four other co-accused persons have
been convicted for the offences punishable under Sections 302 and
394 r/w section 34 of the Indian Penal Code and sentenced to
undergo Life Imprisonment along with fine of Rs.5,000/- under each
sections. With default clause to further undergo 6 months' rigorous
imprisonment under each sections.
As per prosecution story, complainant - Kanwarlal lodged a
report at Police Station - Nemuch City on 07.07.2017 to the effect
that he is working as Munim (Accountant) in the shop of Shashikant
Jain. On 06.07.2017, Shashikant Jain called Gopal S/o Ramchandra
Rathore (deceased) for transportation of certain material through his
Tata 407 bearing Registration No.MP 44 GA 0942. In the night, the
said vehicle was loaded with the grocery items and moved to Jhantla.
The vehicle was driven by Gopal and complainant was sitting as a
co-passenger. When they reached between Nevad and Semli
Chandrawat, four persons came from the motorcycle and shouted for
stopping the vehicle that they have caused an accident. Gopal has
denied that no such accident has happened. They have snatched the
mobile of Kanwarlal. The two persons took Gopal with them in the
motorcycle and one out of remaining two started to drive the said
vehicle. Complainant was let go by them as he belongs to their
village. Later on, he came to know that they have committed the
murder of Gopal and looted the vehicle along with the goods. The
police has registered an F.I.R. vide Crime No.304/2017 under
Sections 302, 394 and 397 of the Indian Penal Code.
During the investigation, the police arrested Raju S/o
Gowardhan and recovered looted items from him. The statement
under Section 27 was recorded in which he disclosed the name of
other accused including the present appellant and later on they were
arrested. The Test Identification Parade (TIP) was conducted by the
police in which Kanwarlal (P.W-1) has identified all the four accused.
The Police has made Gopal S/o Sitaram Bawari an accused under
Section 411 of the Cr.P.C. who was found in possession of the looted
articles. Vide judgment dated 16.01.2020 they have been convicted
by the trial Court. Hence, five appeals are before this Court.
Shri S.K. Meena, learned counsel for the appellant submits
that this appellant has been made accused on the basis of memo of
Raju. From his possession some articles and photocopy of RC Book
of the Tata 407 was recovered. At the most, he has committed offence
under Section 411 of the IPC as the looted articles were found in his
possession for which Gopal has been convicted for three years only.
This appellant was not involved in offence of commission of loot or
murder. The TIP by Kanwarlal is doubtful as there was a delay in
TIP. The appellant has a good prima facie case and he hopes to
succeed in this appeal. This is an appeal of 2020 and the same is not
likely to come up for hearing in future. Hence, remaining jail
sentence of this appellant be suspended.
Shri Sudhanshu Vyas, learned Panel Lawyer for the
respondent / State opposed the application by submitting that
Kanwarlal (P.W-1) was a co-passenger in Tata 407 along with the
deceased. He has duly identified all the accused. There is recovery of
looted items from possession of this appellant, therefore, he has
rightly been convicted by the trial Court. The prosecution has also
examined Sushil Jain (P.W-9) who loaded the goods in the truck of
the deceased. He has identified the looted articles and taken the same
on Supurdginama. Vinod (P.W-8) one of the transporter has also
identified the goods loaded by him in the truck of the deceased. He
has also identified the goods recovered from all accused persons,
therefore, prosecution has successfully proved the case beyond
reasonable doubt against the appellant and other accused and there is
no scope of acquittal in this appeal.
In view of the aforesaid discussion, we are not inclined to
suspend the remaining jail sentence of the appellant.
Accordingly, I.A. No.276/2021 stands rejected.
(VIVEK RUSIA) (PRANAY VERMA)
JUDGE JUDGE
Ravi
Digitally signed by RAVI PRAKASH
Date: 2022.01.18 14:20:27 +05'30'
