Vijay @ Vijju Kushwaha vs The State Of Madhya Pradesh
2022 Latest Caselaw 3082 MP

The High Court Of Madhya Pradesh CRA No. 4422 of 2018 (VIJAY @ VIJJU KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 04-03-2022 Shri Sharad Verma, counsel for the appellants.

Shri Manhar Dixit, Panel Lawyer for the State.

Heard on I.A.No. 101/2020, which is second application for suspension of sentence filed on behalf of the appellants.

The appellants stand convicted vide impugned judgment of conviction and sentence dated 04.05.2018 passed by the Additional Sessions Judge, District Katni

(MP) in ST No. 22/2016 for committing offence punishable under Sections 302 and 325/34 of the Indian Penal Code and sentenced to undergo RI for life and 1 year, respectively with fine and default stipulations. The previous application was dismissed as not pressed.

Learned counsel for the appellants submits as per the findings recorded by the trial Court, the main allegation is against appellant No. 1 Vijay @ Vijju Kushwah. There is specific allegation against him with regard to causing fatal injury to the deceased with lathi, hence other appellants are entitled to get bail and their substantive jail sentence be suspended.

Learned Panel Lawyer for the State has opposed the bail application. Heard learned counsel for the parties. Perused the record. It is a case of murder and there are eye-witnesses on record who, in their testimony, have clearly established the involvement of appellants. They were not only present on the spot but armed with lathis. From the possession of the appellants the wooden sticks (lathis) have been recovered. As per the FSL report, blood stains were found on the lathis. Dr. S.P.Soni (PW-3) who conducted postmortem of the deceased found following five injuries on the deceased due to which he died :

(i) Lacerated wound, size 5x2x2x2 cm on the left side of forehead with broken frontal bone and the brain matter was visible.

(ii) Lacerated wound of 3x0.5x0.5 cm on the left side of neck.

(iii) Lacerated wound, size 1x0.5x0.5 cm on chin.

(iv) A bonedeep lacerated wound of 3x0.5 cm on the right side of forehead.

(v) Lacerated wound obliquely located on the right side of the occipital region of the head.

Considering the aforesaid facts and circumstances of the case, at this juncture, we are not inclined to suspend the jail sentence of the appellants.

Accordingly, I.A.No. 101/2020 stands dismissed.

          (SMT. ANJULI PALO)                                  (PRAKASH CHANDRA GUPTA)
                JUDGE                                                   JUDGE

      vidya
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Date: 2022.03.05
13:06:15 +05'30'