Madhya Pradesh High Court
Kalu Singh vs The State Of Madhya Pradesh on 21 June, 2022
Author: Vivek Rusia
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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
CRIMINAL APPEAL No. 1909 of 2014
(KALU SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 21-06-2022
Shri Vivek Singh, learned counsel for the appellant
Shri Mukesh Kumawat, learned counsel for the respondent/State.
Heard on I.A. No.4599/2022, which is repeat 3rd application for
suspension of sentence filed on behalf of the appellant No.1- Kalusingh.
His earlier two applications were dismissed as withdrawn.
Kalusingh, Ramlal and Dule Singh were tried and convicted by
Special Judge (P.A) Act, Rajgarh (Biaora) vide judgment dated
03.12.2014 in Session Trial No.77/2012 for committing the murder of
Bherusingh. The conviction of the present appellant is as under:-
Conviction Sentence
Section Act Imprisonment Fine deposited Imprisonment in
details lieu of Fine
302/34 I.P.C. R.I. For life Rs.5000/- 1 Year additional
S.I.
323/34 I.P.C. 3 months R.I. Rs.1000/- 10 days additional
S.I.
As per prosecution story, Umraosingh went to the house of
Kalusingh for return of Rs.22,000/- and when Kalu Singh denied it, the
dispute arose between them. Kalusingh, Ramlal and Dulesingh started
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assaulting Umraosingh. The deceased- Bherusingh came between them
and sustained injuries on his head by means of stick. He was taken to the
hospital where he died after two days. As per the autopsy report as well
as the report of the treating doctor, he sustained fracture on his head
which became cause of his death. Learned trial court vide judgment dated
03.12.2014 convicted all the three accused persons under Sections 302
r/w 34 of IPC and 323/34 of IPC for causing injuries to the complainant-
Umraosingh.
Learned counsel for the appellant submits that dispute was going
on between PW-6 Umraonsingh and Kalusingh. The appellant had no
intention to assault Bherusingh, therefore, offence will not travel more
than 304 Part-I as it was not premeditated crime. He further submits that
the jail sentence of other two co-accused persons have been suspended.
Umraosingh has turned hostile, who is not only an eye witness but he is
an injured witness also. The appellant is in jail since last more than 10
years and he has no criminal history and the present appeal is of the year
2014 and final hearing of the present appeal will take a long time, hence,
he prays for suspension of sentence of the appellant.
Learned counsel for the respondent/State opposes the prayer for
suspension of sentence.
Considering the facts and circumstances of the case, allegations
against appellant and period of custody and there is no likelihood of final
hearing of this criminal appeal in near future, without commenting on the
merits of the case the application for suspension of sentence I.A.
No.4599/2022 is allowed. Execution of jail sentence of the appellant is
hereby suspended and it is ordered that the appellant - Kalusingh be
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released on bail on his furnishing a personal bond for a sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in
the like amount to the satisfaction of the learned trial Court for his
appearance before the Court, the execution of custodial part of the
sentence shall remain suspended, till the final disposal of this appeal.
The appellant shall mark his presence before the registry of this
Court on 19/12/2022 and on all such subsequent dates, which are fixed in
this regard by the Registry. I.A. No.4599/2022 stands disposed of.
List the appeal for final hearing in due course.
Certified copy as per rules.
(VIVEK RUSIA ) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
N.R.
Digitally signed by
NARENDRA KUMAR
RAIPURIA
Date: 2022.06.22 18:06:57
+05'30'
