Madhya Pradesh High Court
Pidda @ Krishnakant vs The State Of Madhya Pradesh on 30 March, 2022
Author: Vivek Rusia
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HIGH COURT OF MADHYA PRADESH AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
ON THE 30th of March, 2022
CRA No.7608/2021
(PIDDA @ KRISHNAKANT & OTHERS V/S. STATE OF MADHYA PRADESH)
ORDER
Shri Vivek Singh, learned counsel for the appellants.
Shri K.K.Tiwari, Public Prosecutor for the respondent
State.
******
Heard on I.A. No.4166/2022 which is first application under
Section 389(1) of Cr.P.C. for suspension of remaining jail sentence
on behalf of appellant Nos.1, 2 and 4 (Pidda @ Krishnakant, Atul
@ Ashish and Keemti @ Bablu).
These appellants have been convicted and sentenced as
under:-
Conviction Sentence
Section Imprisonment Fine Imprisonment in lieu
of Fine
148 IPC 3 months RI 500/- 15 days additional RI
302/149 IPC Life 500/- 3 months additional RI
imprisonment
323/149 IPC 3 moths RI 500/- 15 days additional RI
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324/149 IPC 6 months RI 500/- 1 month additional RI
As per prosecution story, on 24.06.2012 near about 11.30 PM
in the night Shyamlal Verma was sitting in front of his house.
Accused Atul armed with knife came to his house and inflicted
injuries on his stomach and nose. Thereafter Babbu Verma, Pidda @
Krishnakant Verma, Rakesh verma, Mahendra Verma, Vijay Verma
and appellant no.3 Vipin @ Appu came there armed knifes and
swords. They assaulted Dhannalal, Arjun, Balwant, Shubham, Anita
and Sagar. Dhannalal (deceased) succumbed to the injuries. FIR
bearing Crime No.513/2012 was registered against all these
appellants. They were arrested. Prosecution has examined as many
as 18 witnesses. Cross FIR has also been registered against the
injured at the instance of these appellants.
Learned Trial Court in paragraph 108 & 114 of the judgment
has held that there was free fight between both the parties and
members of both the parties suffered the similar injuries. However,
one of the injured succumbed to the injuries. All the accused have
been convicted under sections 302 and 323,324 with the aid of 149
of IPC as well as under Section 148 of IPC.
Learned counsel for the appellants submits that so far as the
present appellants are concerned, they said to have assaulted Arjun,
Balwant, Shubam and Anitabai by means of stick for which they
have been convicted under Section 323/149 of IPC. So far as
causing fatal injuries to Dhannalal (deceased), who succumbed to
the injuries, i.e, against Rakesh @ Babu and Vijay they were in
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custody in the trial and the appellant no. 3 was released on bail. It is
submitted that appellant No.3 Vipin @ Appu has also been released
on bail by this Court vide order dated 15.3.2022.
Learned counsel has placed reliance on a judgment passed by
the Apex Court in Puran vs. State of Rajasthan reported in (1976)
1 SCC 28 in which it has been held that in case of sudden free fight
constructive liability cannot be imposed. Each accused can only be
convicted for the injuries caused by his individual act. Section 149
of the IPC will not be attracted. In another judgment passed by the
Apex Court in the case of Vishvas Aba Kurane vs. State of M.P.
reported in (1978) 1 SCC 474 in which it has been held that in the
case of free fight private defence is not available to either of the
parties and each individual is responsible for his own acts. The
appeal is likely to take sufficient long time, hence, prays for
suspension of sentence of appellants.
Learned Public Prosecutor has opposed the prayer of
suspension of sentence by submitting that the accused party was
aggressor and they came to the house of Shyamlal armed with
deadly weapons, therefore, finding for free fight has wrongly been
recorded. At the most injured have assaulted in order to save
themselves.
We have heard the counsel for the parties and have perused
the record.
Considering the submissions made by learned counsel both
the parties, statements of the witnesses and material available on
record, without commenting on the merit of the case, we are of the
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considered opinion that the application for suspension of custodial
sentence moved on behalf of the appellants 1, 2 and 4 deserves to
be allowed.
Accordingly, I.A. No.4166/2022, is allowed and it is directed
that subject to depositing fine amount and on furnishing personal
bond by appellant Nos.1, 2 and 4 (Pidda @ Krishnakant, Atul @
Ashish and Keemti @ Bablu) in the sum of Rs.50,000/- (Rupees
Fifty thousand only) each with one solvent surety each in the like
amount to the satisfaction of the learned trial Court for their
appearance before the Court, the execution of custodial part of the
sentence shall remain suspended, till the final disposal of this appeal
and they be released on bail.
The appellant Nos.1, 2 and 4 after being enlarged on bail,
shall mark their presence before concerned trial court on 29.09.2022
and on all such subsequent dates, which are fixed in this regard by
Trial Court concerned.
I.A. No.4168/2022, an application for urgent hearing stands
disposed off.
List the appeal for final hearing in due course.
Certified copy, as per rules.
( VIVEK RUSIA ) ( AMAR NATH (KESHARWANI))
JUDGE JUDGE
SS/- Digitally signed by SHAILESH
MAHADEV SUKHDEVE
Date: 2022.03.31 11:36:44 +05'30'
