Virendra Maankar vs The State Of Madhya Pradesh
2023 Latest Caselaw 5701 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7898 of 2022 (VIRENDRA MAANKAR Vs THE STATE OF MADHYA PRADESH)

Dated : 10-04-2023 Shri Sankalp Kochar- counsel for the appellant.

Shri Pankaj Raj- Panel Lawyer for the State.

Considered I.A.No.22464/2022, which is second application for suspension of sentence and grant of bail on behalf of appellant-Virendra Maankar. First application being I.A.No.16982/2022 was dismissed on merits

on 28.10.2022.

Vide 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.

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 trial Court has failed to see that actus rea and mens rea are absent in the Signature Not Verified SAN

present case to constitute offences under aforesaid sections against the Digitally signed by RAJESH MAMTANI Date: 2023.04.12 19:10:27 IST

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) before the Chief Executive officer, Janpad Panchayat, Shahpura for issuance of death certificate of his grandfather-Fateh Singh who died on 04.2.1999. The CEO, Shahpura wrote letter to Deputy Registra, Gram Panchayat, Chikhlimal, Janpad Panchayat, Ghodhadonghri for issuance of death certificate wherein itis mentioned that Birth Death register received from the Police Station tallies with the factum of death in the record. Death Certificate issued by Deputy Registrar is Exhibit- P/39. Accused Rajaram & his mother (Laxmi Bai) filed civil suit before trial

Court for compensation which is evident from Exhibits-P-27, P-48, P-49 & P-

51. Thus, application for death certificate was given by Rajaram and certificate was issued by Deputy Registrar on the letter of CEO, but prosecution has falsely implicated appellant. The appellant is jail since 30.8.2022. The seizure witnesses have turned hostile. The single witness of Investigating Officer is not sufficient to prove. The only job of appellant was to forward the application. Adverse inference ought to have been drawn against prosecution for not bringing the evidence on record as per section 114 (g) of Evidence Act. Final disposal of this appeal would take considerable time. Learned counsel further referred to certain documents particularly at Pages No.8 & 9 of this application in support of contention 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

Signature Not Verified made to suspend the jail sentence of the appellant. SAN

Digitally signed by RAJESH MAMTANI Learned Panel Lawyer has opposed the prayer for suspension of Date: 2023.04.12 19:10:27 IST

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 that recently this Court vide order dated 28.10.2022 had dismissed the earlier application for suspension of sentence made on behalf of the appellant on merits, this Court is not inclined to suspend the jail sentence of appellant.

Accordingly, I.A.No.22464/2022 stands dismissed.

SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2023.04.12 19:10:27 IST