Madhya Pradesh High Court
Karan vs The State Of Madhya Pradesh on 30 March, 2022
Author: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 75 of 2022
(KARAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 30-03-2022
Shri Virendra Sharma, learned counsel for the appellant.
Shri Kamal Kumar Tiwari, Public Prosecutor for State.
Hard on I.A.No.52 of 2022, an application for suspension of jail sentence of
the appellant (Karan) who has been convicted under Sections 302/34 of IPC,
sentenced to undergo life imprisonment with fine of Rs.1000/- and under Section
323/34 of IPC, sentenced to undergo 1 year RI with fine of Rs.1000/-, with default
stipulation on each count by Special Judge SC/ST (Prevention of Atrocities) Act,
1989 Ujjain, vide judgment dated 28.12.2021.
Since the appellant has not been convicted under the provision of SC/ST
(Prevention of Atrocities) Act, 1989 therefore, no notice is required under Section
15 to the complainant/respondent No.2.
As per prosecution story, in the intervening night of 8th and 9th October,
2018, the deceased Sunny along with his wife and son was going on motorcycle to
Narsingh Ghat. These 4 accused persons were sitting there. They apprehended his
way. One Gajendra took out the knife and with an intention to kill gave a blow.
Sunny tried to save him raised hand and sustained the injury on his elbow.
Thereafter, the other accused has assaulted him by fists and legs. Thereafter, they
left him injured and fled away. The wife of the deceased called her father-in-law
Gurucharan and thereafter the deceased was taken to the hospital. He was admitted
and treatment was started. He died during the treatment. Autopsy was carried out
by Dr. Sameer Saurabh (PW.11) who opined that deceased died due to cardiac
respiratory failure not because of the injury. According to him both the injuries
were minor in nature.
Learned counsel for the appellant submits there is a cross FIR registered
against the deceased, as he has caused the injuries to members of accused party.
He was history-sheeter, already facing the trial for commission of offence
Signature Not VerifiedDigitally signed by
SAN SHAILESH
MAHADEV
SUKHDEVE
punishable under Section 302 of IPC. The role attributed to this appellant is only
Date: 2022.03.31
11:41:04 IST
that he assaulted by fists and legs. Therefore, application for suspension of jail
sentence filed on behalf of the appellant deserves to be allowed.
Learned Public Prosecutor for State opposed the prayer for suspension of
jail sentence and prayed for its dismissal.
On due consideration of the facts and circumstances of the case and looking
to the overt act attributed to the present appellant and the fact that there is no
connection between the death and the injury caused by the appellant, it is ordered
that subject to depositing fine amount (if not already deposited) and on furnishing
personal bond by appellant (Karan) in the 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 said Court, the execution of
custodial part of the sentence shall remain suspended, till the final disposal of this
appeal and he be released on bail.
The appellant (Karan) after being enlarged on bail, shall mark his presence
before concerned trial court on 29.09.2022 and on all such subsequent dates,
which shall be fixed in this regard by Trial Court concerned.
I.A.No.52 of 2022 is disposed off.
Certified copy, as per rules.
(VIVEK RUSIA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
SS/-
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SHAILESH
MAHADEV
SUKHDEVE
Date: 2022.03.31
11:41:04 IST
