Madhya Pradesh High Court
Gurucharan vs The State Of Madhya Pradesh on 17 June, 2022
Author: Vivek Rusia
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CRA No. 7123/2018
HIGH COURT OF MADHYA PRADESH: BENCH INDORE
BEFORE DIVISION BENCH OF HON'BLE SHRI JUSTICE VIVEK
RUSIA & HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
CRA No. 7123 of 2018
(Gurucharan & others. V/s. State of M.P.)
Date: 17.06.2022 :
Shri Jagdish Baheti, learned counsel for the appellant No.5,
Assu @ Ashok
Shri Sudhanshu Vyas, learned Govt. Advocate for
respondent/State.
Heard on I.A. No.6253/2022, first application u/s. 389(1) of the
Cr.P.C. for suspension of the jail sentence on behalf of the appellant
No.5 - Assu @ Ashok.
The appellant Assu @ Ashok along with others stands convicted
and sentenced vide judgment dated 20.8.2018 passed by learned Addl.
Sessions Judge, Indore in S.T. No.962/2012 as under :
U/s. Sentence Fine Amount Sentence in lieu
of default of
payment of fine.
302 read with Life 1,000/- One month RI.
Section 149and Imprisonment &
148 of the IPC. One year RI.
According to the prosecution case, on 31.03.2012, the car of
Dharmendra, Sunny, Shashi and Omprakash collided with a
motorcycle parked opposite Patel Madhushala belonging to appellants,
due to which the accused persons Gurucharan and Rajesh came out
and hurled abuses them. Subsequently, Smt. Rajrani and Smt. Asha
Bai also joined them. When uttering obscene words by the accused
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CRA No. 7123/2018
persons resisted by Sunny, the accused persons Gurucharan and
Rajesh called the present appellant [email protected] Ashok to bring the gun
from the house. He brought a Gun and fired a gun shot from outside
the car to Sunny, who later on died in the hospital.
Learned counsel for the appellants has drawn our attention to
the statement of P.W.1 who has admitted in his cross-examination that
he saw a small gun in the hand of the deceased. He has further drawn
our attention to the statement of Doctor (P.W.9) who has stated that he
has found only an entry would on the dead body of the deceased and
there was no exit wound and such injury was from the lower to the
upper side and which is not possible as per the prosecution case that
the present appellant has fired the gun-shot from outside the car. We
have also examined the ballistic report which makes the prosecution
case prima facie doubtful that the gun recovered from the present
appellant has not been used for commission of the offence. The
present appellant has completed more than 11 years incarceration.
On the other hand, learned Govt. Advocate opposes the prayer
and prays for rejection of the application.
In view of the above, we find it is to be a fit case to suspend the
custodial sentence of the appellant No.5 - Assu @ Ashok.
Accordingly, I.A. No.6253/2022 is allowed and it is directed
that subject to deposit of fine amount, if already not deposited, with
the trial Court and on furnishing personal bond by the appellant No.5
Assu @ Ashok in the sum of Rs.40,000/- (Forty Thousand only) with
one solvent surety in the like amount to the satisfaction of learned trial
Court for his appearance before the Registry of this Court, the
execution of custodial part of the sentence of the appellant Assu @
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CRA No. 7123/2018
Ashok shall remain suspended till final disposal of this appeal.
The appellant after being enlarged on bail shall mark their
presence before the Registry of this Court on 26.9.2022 and on all
such subsequent dates, which are fixed in this behalf.
C.C. as per rules.
[ VIVEK RUSIA ] [RAJENDRA KUMAR (VERMA)]
JUDGE. JUDGE.
Alok/-
Digitally signed by ALOK GARGAV
Date: 2022.06.20 12:38:49 +05'30'
