Mujariya vs The State Of Madhya Pradesh
2023 Latest Caselaw 5641 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 3981 of 2019
                                                (MUJARIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 06-04-2023
                                 Shri Dharmendra Yadav, learned counsel for the Appellant.

                                 Shri K. K. Tiwari, learned G.A. for respondent/State.

Heard o n I.A. No. 989/2023, which is first application filed under Section 389 of Cr.P.C. for grant of suspension of jail sentence moved on behalf of appellant- Mujariya.

Learned Trial Court has convicted the appellant under Section 302 of IPC and sentenced him to undergo life imprisonment with fine of Rs. 1,000/-, with default stipulations, vide judgement of conviction and order of sentence dated 30.05.2017 passed by the Second Additional Sessions Judge, District Badwani (M.P.) in S.T. No. 79/2016.

As per prosecution case, on 15.05.2016 at around 8:00 am to 10:30 am, the present appellant assaulted his wife Rekhabai by means of an axe. Due to injuries, the deceased Rekhabai had died.

Learned counsel for the appellant submits that the appellant has not

committed any offence and he has falsely been implicated in the case. The appellant had no motive to kill the deceased. There is no eye-witness in the case and entire prosecution case depends upon circumstantial evidence. Chain of circumstances are not completed and exclusive against the appellant. Appellant is in custody since 16.05.2016. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence may be suspended and the appellant may be released on bail.

Learned counsel for the appellant has relied on the case Nandu Singh Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 06-04-2023 17:45:43

vs. The State of Madhya Pradesh, in Criminal Appeal No. 285/2022, vide its judgment dated 25.02.2022.

Per contra, learned Govt. Advocate for the respondent/State has objected the prayer and submits that the appellant has last seen together with the deceased by Bisan (PW-7) and Bhuta (PW-9), the appellant has made extra- judicial confession before Gabru (PW-8) that he has killed the deceased. Human blood is also found on an axe and shirt recovered at the instance of the appellant. The present appellant was also doubted on the character of the deceased. Therefore, the appellant had motive to kill the deceased, therefore, it is prayed that the application for suspension of sentence of appellant is liable to

be rejected.

We have heard learned counsel for both the parties and perused the record.

In the case of Nandu Singh (Supra), the Apex Court observed in paragraph 12 as under:-

" 12. In the subsequent decision in Shivaji Chintappa Patil vs. State of Maharashtra, this Court relied upon the decision in Anwar Ali and observed as under:- "27. Though in a case of direct evidence, motive would not be relevant, in a case of circumstantial evidence, motive plays an important link to complete the chain of circumstances. The motive...."

Looking to the facts and circumstances of the case and also considering the evidence available on record against the appellant. At this stage we are not inclined to grant suspension of sentence to the appellant.

Accordingly, I.A. No. 989/2023 is rejected.

Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 06-04-2023 17:45:43

(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA) JUDGE JUDGE Vatan

Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 06-04-2023 17:45:43