Madhya Pradesh High Court
Kaluram Vishwakarma vs The State Of Madhya Pradesh on 4 July, 2022
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4040 of 2022
(KALURAM VISHWAKARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 04-07-2022
Shri Abhishek Tiwari, Advocate for the appellants.
Shri A.S. Baghel, Dy. Government Advocate for the respondent/ State.
I.A.No. 7566/2022 first application under Section 389(1) of the Cr.P.C
for suspension of sentence and grant of bail to appellants is taken up.
The appellants have been convicted under Section 302/34 of IPC and
sentenced to undergo life imprisonment with fine of Rs. 2000/- with default
stipulations.
As per the prosecution story, on 01.04.2016 at about 10.00 at night while
Anita Bai woke her husband up with fun the appellant No.3 Brijesh started
beaten her, at that time appellant No. 2 Dropati Bai and appellant No. 01
Kaluram also come over there and said to Anita bai that why you are not letting
their son sleep, you are not having shame on that Anita Bai told them why you
have used to come here, over such a trivial things. Than appellant No. 3 poured
the Keroseen on Anita Bai , and tried to set on Fire Anita tried to snatch
Matchis but appellant No. 03 set on Fire to Anita Bai with intention to murder
of decease Anita Bai. Anita Bai received burn injuries. Anita Bai was admitted in
the hospital at Gotegaon thereafter she was referred to Medical Hospital
Jabalpur, where she died during her treatment.
Learned counsel for the appellants submits that appellants have falsely
b een implicated in this case. Learned trial court has not appreciated the
Signature Not Verified
SAN evidence in prospective way. Appellants No. 1 and 2 were on bail during trial
Digitally signed by ARVIND KUMAR
MISHRA
Date: 2022.07.05 10:10:50 IST
and they have never misused the liberty. Appellant no. 1 is father-in-law, aged
68 years and appellant no. 2 is mother-in-law of the deceased, 55 years of age.
Final disposal of this appeal will take time. Learned counsel for the appellants
submits that there were so many material contradictions and omissions in the
statement of witnesses. Therefore, the remaining jail sentence of the appellants
may be suspended.
The prayer is opposed by learned Government Advocate stating that the
impugned judgment of conviction and order of sentence is based on proper
appreciation of oral as well as documentary evidence.
We have heard both the parties and perused the record.
Considering the overall facts and circumstances of the case, statements
of witnesses and age of the appellants as well as the fact that final hearing of this
appeal will take time, we deem it appropriate to suspend the remaining jail
sentence of the appellants.
Accordingly, I.A. No. I.A.No. 7566/2022 is allowed. Subject to
depositing the fine amount (if not already deposited), the remaining jail sentence
of the appellants is hereby suspended and it is directed that on their furnishing a
personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only)
each along with one surety in the like amount each to the satisfaction of the trial
Court by the appellant no. 1- Kaluram Vishwakarma and appellant No. 2
Smt. Dropti Bai, be released on bail with a further direction to remain present
before the Trial Court, concerned on 14 th November, 2022 and on such
other dates as fixed by the trial court in this regard during the pendency of this
appeal.
Signature Not Verified
List for final hearing in due course.
SAN
C.C as per rules.
Digitally signed by ARVIND KUMAR
MISHRA
Date: 2022.07.05 10:10:50 IST
(SUJOY PAUL) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
MISHRA
Signature Not Verified
SAN
Digitally signed by ARVIND KUMAR
MISHRA
Date: 2022.07.05 10:10:50 IST
