Prakash Bhoi vs The State Of Madhya Pradesh
2022 Latest Caselaw 8672 MP

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                                                         CRA No. 4745/2017



        HIGH COURT OF MADHYA PRADESH: BENCH INDORE
  BEFORE DIVISION BENCH OF HON'BLE SHRI JUSTICE VIVEK
  RUSIA & HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
                        CRA No. 4745 of 2017
          (Prakash Bhoi S/o. Jujhar Bhoi. V/s. State of M.P.)
Date: 29.06.2022 :
      Shri Nilesh Dave, learned counsel for the appellant.
      Shri   Bhaskar    Agrawal,      learned   Govt.   Advocate      for
respondent/State.

Heard on I.A. No.5070/2022, a repeat (3rd) application u/s. 389(1) of the Cr.P.C. for suspension of the jail sentence on behalf of the appellant. The first two applications for the same relief were dismissed as withdrawn vide order dated 5.9.2018 and 22.10.2021.

Vide judgment dated 8.9.2017 passed by Second Addl. Sessions Judge, Jaora, District Ratlam, the appellant stands convicted for the offences u/s. 302 of the IPC and sentenced to undergo life imprisonment with a fine of Rs.25,000/- with default stipulation for committing murder of Jitendra.

As per prosecution story, on 17.10.2017 community lunch was going on in the ground situated behind the Govt. School by erecting the tent. At that time, appellant/accused came there and he took out the iron rod ('Sabbal') concealed the same in his shirt and thereafter with an intention to kill gave two blows on the head of deceased Jitendra due to previous animosity. Due to the said assault by the appellant the deceased died on the spot. The incident was witnessed all the community members. The report was lodged at the instance Dinesh Bhoi (P.W.1). The case was committed to the Court of Sessions. In

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CRA No. 4745/2017

order to prove the charge, the prosecution examined 7 witnesses. In defence, the appellant did not examine any witness. After completion of the trial and on the basis of evidence came on record, learned Addl. Sessions Judge convicted and sentenced the appellant, as stated above.

In view of the testimony of Dinesh Bhoi (P.W.1), Rahul Bhoi (P.W.2) and Bhimabai (P.W.3) we are not inclined to grant suspension of jail sentence. Accordingly, third repeat application (I.A. No.5070/2022) is dismissed. I.A. No.5069/2022, an application for urgent hearing stands disposed of.

List for final hearing in due course.

         [ VIVEK RUSIA ]             [AMAR NATH (KESHARWANI)]
             JUDGE.                          JUDGE.
Alok/-

Digitally signed by ALOK GARGAV
Date: 2022.06.29 18:45:13 +05'30'