Kishnu Uikey vs The State Of Madhya Pradesh
2023 Latest Caselaw 5700 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7882 of 2022 (KISHNU UIKEY Vs THE STATE OF MADHYA PRADESH)

Dated : 10-04-2023 Shri Satyam Agrawal- counsel for the appellant.

Shri Pankaj Raj- Panel Lawyer for the State.

Considered I.A.No.475/2023, which is first application for suspension of sentence and grant of bail on behalf of appellant-Kishnu Uikey.

Vid e impugned judgment dated 30.8.2022 passed by the Second

Additional Sessions Judge, Betul in S.T.No.400500/2014 the appellant has been convicted for offences under sections 420 r/w 120-B/511, 467 r/w 120-B &468 r/w 120-B of the Indian Penal Code and sentenced to undergo R.I. for 03 years, 05 years & 04 years with fine of Rs.500/-, Rs.500/- & Rs.500/- respectively with default stipulations.

As per prosecution case, the appellant alongwith other accused persons has assisted in forging the death certificate of complainant enabling accused persons, Rajaram and Laxmi Bai to receive the compensation from the government in respect of lands of the complainant which were acquired for the

construction of four lane road.

Learned counsel for the appellant has submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. The prosecution witnesses, namely, PW.3, PW.7, PW.6, PW.11 & PW.14 have turned hostile. The trial Court has failed to see that actus rea and mens rea Signature Not Verified SAN

are absent in the present case to constitute offences under aforesaid sections Digitally signed by RAJESH MAMTANI Date: 2023.04.12 19:10:26 IST

against the appellant. There are material contradictions and omissions in the

prosecution witnesses. The appellant has neither forged & fabricated the death certificate of complainant nor manipulated the Birth-Death Register (Exhibit- P/15). Accused-Rajaram submitted representation (Exhibit-P/36). No certificate under section 65-B of the Indian Evidence Act has been produced which is mandatory and in the absence of same the document was inadmissible. The appellant has no criminal antecedents. Final disposal of this appeal would take considerable time. Learned counsel further referred to certain documents contended that death certificate was issued by the Office of Janpad Panchayat and register of Birth & Death was maintained by the Deputy Registrar. Thus, no offence is made by the applicant. Hence, prayer has been made to suspend the

jail sentence of the appellant.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

After going through the findings arrived by the learned trial Court in paragraphs 32, 33 & 37 of the impugned judgment and considering the aspect that appellant was in the services of the Janpad Panchayat only and taking into account the nature of allegations against the appellant as also the period of custody, this Court is not inclined to suspend the jail sentence of appellant.

Accordingly, I.A.No.475/2023 stands dismissed.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2023.04.12 19:10:26 IST