Madhya Pradesh High Court
Pawan vs The State Of Madhya Pradesh on 6 May, 2022
Author: Vivek Rusia
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CRA No. 5375/2020
HIGH COURT OF MADHYA PRADESH: BENCH INDORE
BEFORE DIVISION BENCH OF HON'BLE SHRI JUSTICE VIVEK
RUSIA & HON'BLE SHRI JUSTICE ANIL VERMA
CRA No. 5375 of 2020
(Pawan & another.. V/s. State of M.P.)
Date: 06.05.2022 :
Shri Abhay Saraswat, learned counsel for the appellants.
Shri Kamal Kumar Tiwari, learned Govt. Advocate for
respondent/State.
Heard on I.A. No.5317/2022, first application u/s. 389(1) of the
Cr.P.C. for suspension of the jail sentence on behalf of the appellants.
The appellants have filed this appeal being aggrieved by
judgment dated 29.2.2020 passed by 3rd Addl. Sessions Judge,
Mandsaur in S.T. No.13/2013. By the aforesaid judgment, the
appellants and two others have been convicted and sentenced as
under:
Section & Act. Imprisonment Fine Amount Imprisonment in
lieu of default of
payment of fine.
341 of the IPC. - 300/- 7 days
additional SI.
325/34 of the 2 years' RI 2,000/- One months
IPC. additional RI.
323/34 of the 4 months' RI. - -
IPC.
302/34 of the Life 2,000/- Six months
IPC. Imprisonment. additional RI.
As per prosecution story, on 20.10.2012 near about at 12.30 pm.
deceased Karulal was going to the forest area and when he was
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CRA No. 5375/2020
crossing the agricultural field of Ghanshyam, Ghanshyam stopped him
and assaulted by means of stick and when his brother tried to save
him, then Lal Singh also assaulted by means of stick. Present
appellants viz. Pawan and Mahendra Singh joined them and they also
started assaulting the deceased by fists and legs. Karulal succumbed to
the head injury. Initially, the FIR was lodged for the offence u/s. 323,
341, 504, 506, 34 of the IPC at Crime No. 323/2012. After completion
of the investigation, charge-sheet was filed. During treatment, Karulal
died, therefore, offence u/s. 302/34 of IPC was added. The prosecution
examined as many as 16 witnesses. After evaluating the evidence
came on record, learned court below has convicted and sentenced all
the accused persons, as stated first.
Learned counsel for the appellants submits that the only
allegation against the present appellants is that they assaulted
complainant by fists and legs. The complainant sustained minor
injuries for which they have been convicted u/s. 325 and 323 of the
IPC and they have already undergone the sentence. The deceased died
due to the injuries caused by Ghanshyam. He, therefore, prays for
grant of suspension of sentence of the present appellants.
On the other hand, learned Govt. Advocate opposes the prayer
and prays for rejection of the application.
In view of the aforesaid facts and circumstances of the case, we
are of the opinion that the custodial sentence of the appellants
deserves to be suspended.
Accordingly, I.A. No.5317/2022 is allowed and it is directed
that subject to deposit of fine amount, if already not deposited, with
the trial Court and on furnishing personal bond by the appellants in the
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CRA No. 5375/2020
sum of Rs.40,000/- (Forty Thousand only) each with separate solvent
sureties in the like amount to the satisfaction of learned trial Court for
their appearance before the Registry of this Court, the execution of
custodial part of the sentence of the appellants shall remain suspended
till final disposal of this appeal.
The appellants after being enlarged on bail shall mark their
presence before the Registry of this Court on 21.12.2022 and on all
such subsequent dates, which are fixed in this behalf.
List for final hearing in due course.
C.C. as per rules.
[ VIVEK RUSIA ] [ANIL VERMA]
JUDGE. JUDGE.
Alok/-
Digitally signed by ALOK GARGAV
Date: 2022.05.06 14:19:26 +05'30'
