Dulam vs The State Of Madhya Pradesh
2022 Latest Caselaw 6726 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                            AT INDORE
                             CRA No. 6967 of 2018
                        (DULAM Vs THE STATE OF MADHYA PRADESH)

Dated : 05-05-2022
      Ms.Sonali Gupta, learned counsel for the appellant

      Shri Kamal Kumar Tiwari, learned Govt. Advocate for the respondent/State.

Heard on I.A.No.5333/2022, an application for suspension of sentence filed on behalf of appellant Dulam Bhil.

Appellant has filed the present appeal against the judgment dated 04.08.2016 passed by A.S.J, Kukshi, district Dhar in S.T.No.229/2013 whereby the appellant

Dulam has been convicted for the offence punishable under sections 302/34 & 394 of the IPC and sentenced to undergo life imprisonment with fine of Rs.10,000/- and 10 years RI with fine of Rs.10,000/- respectively with default stipulation.

As per prosecution story, on 22.02.2013 complainant Jayaram and deceased Sachin were going on a motorcycle and when they reached near Narwali school, accused Dulam, Mahesh and one unknown persons were standing on the road carrying stones in their hands. After seeing them they started throwing the stone. One of the stones hit on the head of Sachin and he fell down and Jayaram ran away from the spot. The accused took away the motorcycle bearing

registration No.MP-09-ML-3273. After some time Jayaram came back and found Sachin lying unconscious and he was taken to the hospital where he was declared dead. An FIR was registered against Dulam, Mahesh and one unknown person who has not been arrested so far. After trial the appellant Dulam and Mahesh were convicted and sentenced as stated hereinabove.

Learned counsel for the appellant submits that so far the conviction under section 394 IPC is concerned he has been sentenced for ten years and out of which he has undergone more than nine years of jail sentence. So far the offence punishable under section 302/34 IPC is concerned, the prosecution has failed to establish that out of three who has thrown stone on Sachin which turned fatal. The third unknown accused has not been arrested so far and the motorcycle has also not been seized till date. Even under section 302/34 IPC he has completed more than half years jail sentence, therefore, prays for suspension of sentence and

release of the appellant on bail.

Learned Govt. Advocate opposes the prayer.

Complainant Jayaram was riding the motorcycle and the deceased Sachin was sitting as a pillion rider. Jayaram in his cross- examination has admitted that he

did not sustain any injury. The stones were pelted from the front side then it is surprising that Jayaram did not sustain any injury.

Considering the facts and circumstances of the case, the arguments advanced by the counsel for the appellant and the period of jail sentence undergone by him, the application is allowed. The jail sentence passed against the appellant shall remain suspended and he be released on bail upon his furnishing the personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 17.10.2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

C.c as per rules.

      (VIVEK RUSIA)                                     (AMAR NATH (KESHARWANI))
          JUDGE        Digitally signed by HARI KUMAR C          JUDGE
                       G NAIR
hk/                    Date: 2022.05.06 18:39:53 +05'30'