Rajkumar Gadari vs The State Of Madhya Pradesh
2022 Latest Caselaw 3600 MP

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          The High Court Of Madhya Pradesh
                    CRA No. 20 of 2022
                (RAJKUMAR GADARI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 14-03-2022
      Shri Manish Datt, learned senior counsel with Shri Siddharth Datt,

learned counsel for appellants Ramnaresh @ B.P.Gadari, Lallu @ Ramnath
and Bhagwandin Gadari.
      Shri      K.S.Baghel,      learned    Deputy     Government      Advocate   for
respondent/State.

Heard on I.A.No.17/2022, an application for suspension of sentence of appellant Nos. 2 to 4 Ramnaresh @ B.P.Gadari, Lallu @ Ramnath and Bhagwandin Gadari respectively.

These appellants have been convicted under Section 302/34 of IPC and sentenced to undergo RI for Life with fine of Rs.10,000/-, with default stipulations.

By placing reliance on prosecution story, it is submitted that on 19/05/2017 the main accused/appellant No.1 Rajkumar Gadari by means of iron pipe assaulted Sonelal Sahu on his head. Because of the said head injury,

he started bleeding profusely and deceased fell down on the road. Thereafter, present appellants by means of lathi assaulted Sonelal. Because of the said injury, deceased Sonelal died.

Shri Datt, learned senior counsel by placing reliance on the statement of Doctor and findings of the Court in para-11 of the judgment urged that there are mainly three external injuries. The injury No.1 is not fatal. Injuries No. 2 and 3 were caused by main accused Rajkumar Gadari. No conclusive FSL report (Ex.P/29) is there to prove that weapon so recovered contains human blood. These appellants have been falsely arraigned. The appellants were on bail during trial. They did not misuse their liberty.

Learned counsel for these appellants further urged that prosecution story does not match with the medical evidence. If appellants would have used lathi to cause injuries on the person of deceased, corresponding injuries must have

been found on his person whereas no such injury was found on his body. The rapture of spleen and head injury became operative reason of death of Sonelal. The injury of spleen is an internal injury which cannot be caused by means of lathi. These appellants may be given benefit of suspension of

sentence.

The prayer is opposed by learned Deputy Government Advocate. We have heard the parties, perused the objection and record. Keeping in view the story of prosecution and injuries on the person of deceased, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of these appellants. Accordingly, the I.A.No.17/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of aforesaid appellants is hereby suspended and it is directed that the appellants Ramnaresh @ B.P.Gadari, Lallu @ Ramnath and Bhagwandin Gadari be released on bail on their furnishing a personal bond for a sum of Rs.50,000/- (Rs. Fifty thousand) each with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Maihar District Satna on 26/09/2022 and on such other dates as may be fixed by the trial court in this regard during the pendency of this appeal.

C.C as per rules.

                                        (SUJOY PAUL)                                    (DWARKA DHISH BANSAL)
                                           JUDGE                                               JUDGE

                                     manju




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Date: 2022.03.15 15:49:30 IST