Rahul vs The State Of Madhya Pradesh
2022 Latest Caselaw 15457 MP

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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 23rd OF NOVEMBER, 2022

                      CRIMINAL APPEAL No.9128/2018
                (RAHUL Vs. STATE OF MADHYA PRADESH)
       Shri Vivek Singh, learned counsel for the appellant.
       Shri     Bhaskar      Agrawal,       learned      Govt.      Advocate    for   the
respondent/State.

The sole appellant Rahul has been convicted and sentenced vide judgment dated 30.10.2018 in S.P.S.T No.14/2007 passed by Ist Special Judge S.C./S.T. (Prevention of Atrocities Act), District Ujjain.

The conviction and sentence of the present appellant is as below:-

   Conviction                                         Sentence
Section       Act     Imprisonment               Fine deposited details Imprisonment in
                                                                        lieu of Fine
302 r/w 3 IPC   R.I.    for               Life        Rs.10,000/-          2 months
(2)(V)    SC/ST imprisonment                                             additional R.I.
324           IPC     R.I. for one year                    -                    -
323/34 (2 IPC   R.I. for six months                    Rs.1,000/-          1 months
counts)   SC/ST                                                          additional R.I.
r/w 3 (2)
(Va)

Heard on I.A.No.2029/2022 which is repeat (second) application for suspension of sentence filed under section 389(1) of the Cr.P.C. on

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behalf of sole appellant Rahul.

The first application for suspension of sentence filed on behalf of appellant was dismissed on merits vide order dated 23.05.2019.

Learned counsel for the appellant submits that the appellant is in jail since last six years including remission he has completed eight years. Offence will not travel more than Section 326 of IPC as he has caused injury on the non-vital part of the body of the deceased, however the deceased died due to excessive bleeding. Hence, in these circumstances, learned counsel prays for suspension of jail sentence of appellant.

Learned Government Advocate for the respondent/State opposes the prayer for suspension of remaining jail sentence of appellant.

Heard learned counsel for the parties and perused the record. Although single injury was found on the body of the deceased but there was successive attempt to cause injuries to the deceased as well as other witnesses due to which the witnesses sustained minor injuries. This is not a case where sudden dispute arose. The appellant and co- accused were fully prepared they stopped the deceased and other witnesses and assaulted them.

In our considered opinion, it is not a fit case to grant the benefit of suspension of sentence to the present appellant.

Accordingly, I.A. No.2029/2022 stands dismissed.

            (VIVEK RUSIA )              (AMAR NATH (KESHARWANI))
               JUDGE                              JUDGE
           Digitally signed
das        by REENA
           PARTHO SARKAR
           Date: 2022.11.23
           16:23:13 +05'30'