Madhya Pradesh High Court
Narendra vs The State Of Madhya Pradesh on 16 November, 2022
Author: Vivek Rusia
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
ON THE 16th OF NOVEMBER, 2022
CRIMINAL APPEAL No. 6981 of 2018
(NARENDRA VS STATE OF M.P.)
CRIMINAL APPEAL No. 6307 of 2018
(KAPIL VS/ STATE OF M.P.)
Shri Ajay Bagadia Senior Advocate alongwith Shri Gajendra
Singh Chouhan, learned counsel for the appellant (Criminal Appeal
No.6981/2018) .
Shri Vivek Singh, learned counsel for the appellant. (Criminal
Appeal No.6307/2018)
Shri Kamal Kumar Tiwari, learned Government Advcoate for
the respondent/State.
Also heard on I.A. No.12468/2022 and I.A. No.3976/2022
which is first applications under Section 389(1) of the Code of
Criminal Procedure, 1973 for suspension of jail sentence and grant of
bail filed on behalf of both the appellants.
The appellant- Narendra (Criminal Appeal No.6981/2018) has
been convicted and sentenced as under:
Offence U/s Sentence Fine amount Imprisonment in lieu of
Awarded (Rs.) fine amount
302 IPC Life Rs. 20,000/- 1 Year
Imprisonment
25 (1-B) (B) of 2 Years R.I. Rs. 5,000/- 3 Months R.I.
Arms Act
The appellant- Kapil (Criminal Appeal No.6307/2018) has been
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convicted and sentenced as under:
Offence U/s Sentence Fine amount Imprisonment in lieu of
Awarded (Rs.) fine amount
302/34 IPC Life Rs. 20,000/- 1 Year
Imprisonment
As per prosecution story, on 03.05.2017 near about 03:30 am,
the complainant Piyush Soni made a complaint in the police station
that on 02.05.2017, he alongwith his friend Ashirwad (deceased) went
to attend the marriage in Durga Nagar, Dewas. When they having
dinner, Narendra Choudhary, Shubham Choudhary, Kapil Choudhary
came and made comments that why they are having dinner at 12:00
pm. After some verbal altercation, deceased and his friend left the
place of marriage. Thereafter, these accused followed them and started
beating them near Laxman Nagar Government Park. Shubham, Kapil
Choudhary and Sandeep Choudhary were caught hold the deceased
and Narendra took out the knife and gave three blows to the deceased.
After seeking Piyush Soni and Subham they left the spot. Injured was
taken to the hospital where he died. Accordingly, FIR was registered
for the offence punishable under Section 302, 147, 148,149, 294 and
506 of IPC. Out of four accused two were juvenile namely Sandeep
and Shubham, hence, they were tried by Juvenile Justice Board. Vide
judgment dated 29.06.2018, both the appellants were convicted and
sentenced as stated above.
Shri Bagadia Senior Counsel and Shri Vivek Singh, learned
counsels for the appellants submit that these appellants are in jail since
last five years. The dispute suddenly occurred. There was no previous
enmity between them. The injuries was not caused in the vital part,
hence, it cannot be said that there was intention to kill the deceased,
thus the offence would not travel more than 304 (Part-1) of IPC for
which they have undergone 50% of jail sentence. It is further submitted
that these appellants were aged about 21-22 years old at the time of
commission of offence with no criminal record, therefore, jail sentence
may kindly be suspended till the final hearing of these appeals.
Government Advocate opposes the prayer made by the
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appellants by submitting that although the other accused caught hold
the deceased but the appellant - Narendra (Criminal Appeal
No.6981/2018) assaulted him by means of knife which has resulted
into his death. He has also convicted under Section 25(1-B) (B) of
Arms Act.
Heard.
Finding force in the submission of the learned counsel for the
respondent/State, this Court is of the view that the appellant -
Narendra (Criminal Appeal No.6981/2018) is not entitled for
suspension of his remaining jail sentence. Accordingly, I.A.
No.12468/2022 is hereby rejected.
So far as appellant- Kapil (Criminal Appeal No.6307/2018) is
concerned, the allegation against him is that he caught hold the
deceased and apart from three injuries no other injuries were found.
There was no overt act on his part. Hence, I.A. No.3976/2022 is
hereby allowed.
The execution of remaining jail sentence of appellant-Kapil is
hereby suspended and it is ordered that the appellant be released on
bail upon his furnishing a personal bond for a sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety of the like
amount to the satisfaction of the trial Court and subject to depositing
the fine amount (if not already deposited) with a further direction to
appear before the concerned Trial Court on 20.12.2022 and also on
such other dates, as may be fixed by the concerned trial Court in this
regard during the pendency of this appeal.
List for final hearing in due course.
Certified copy, as per rules.
Office is directed to place the photocopy of this order in connect
appeal.
(VIVEK RUSIA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
praveen
Digitally signed by
PRAVEEN NAYAK
Date: 2022.11.21 16:39:43
+05'30'
