Madhya Pradesh High Court
Gourav vs The State Of Madhya Pradesh on 11 October, 2022
Author: Vivek Rusia
- : 1 :-
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 758/2016
(GOURAV AND ANOTHER /VS/ THE STATE OF MADHYA PRADESH)
Dated : 11-10-2022
Shri Santosh Kumar Meena, learned counsel for the
appellant.
Shri K.K. Tiwari, learned counsel for the respondent/State.
Heard on I.A. No.11169/2022, first application filed under
section 389 of Cr.P.C.,1973 on behalf of appellant No.1 Gourav
for suspension of remaining jail sentence.
The appellant No.1 has been convicted sentenced as under:-
Offence U/s Sentence Fine amount Imprisonment in lieu of
Awarded (Rs.) fine amount
302/34 of IPC Life Rs. 50,000/- 2 Years R.I.
Imprisonment
449 of IPC 10 Years R.I. Rs.5,000/- 1 Year R.I.
498-A of IPC 1 Year R.I. Rs. 1,000/- 1 Month R.I.
342 of IPC 3 Months R.I. - -
An application under Section 389 of Cr.P.C. filed on behalf
of appellant No.2 Surendra has been dismissed by this Court vide
order dated 26.04.2022 who is father of the this appellant with
direction to list the appeal finally.
The appellant and co-accused have been convicted for the
above offence vide impugned judgment dated 28.03.2016 as they
have committed the murder of father-in-law of this appellant. The
allegation against this appellant is that he caught hold the
deceased and appellant No.2 brought the chilli powder and
kerosene from Maruti and set into fire thereafter.
Learned counsel for the appellant submits that looking to
the role of this appellant, he is entitled for suspension of
remaining jail sentence as he has completed more than 10 years of
his jail sentence. The appeal would take time for its final hearing
as it has been filed in the year 2016.
- : 2 :-
Government Advocate for the respondent/State opposes the
prayer made by the appellant by submitting that the appellant
played equal role in committing the murder of deceased. None of
the eye witnesses have turned hostile and fully supported the case
of prosecution.
Heard both sides.
Both the accused went to the house of the deceased
carrying chilli powder and kerosene. The deceased tried to run
away but this appellant caught hold him, then appellant No.2 who
is father of this appellant poured kerosene upon the deceased and
set into fire, thus this appellant has been convicted with the aid of
section 34 of I.P.C. Merely, he has completed more than 10 years
of his jail sentence, he is not entitled for suspension of his
remaining jail sentence.
In view of the above, I.A. No.11169/2022 is dismissed.
(VIVEK RUSIA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
praveen
Digitally signed by
PRAVEEN NAYAK
Date: 2022.10.13
10:24:54 +05'30'
