Thavariya vs The State Of Madhya Pradesh
2023 Latest Caselaw 12807 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 346 of 2016 (THAVARIYA Vs THE STATE OF MADHYA PRADESH)

Dated : 08-08-2023 Shri Bheemsen Soni, learned counsel for the appellant.

Shri K. K. Tiwari, learned Government Advocate for the State.

The matter is taken up for hearing, hence, I.A.No. 10068/2023, application for urgent hearing stands disposed of.

2. Also heard on I.A.No. 9388/2023, which is first application under

Section 389 of the Cr.P.C. for suspension of sentence filed by the appellant- Thavariya who stands convicted vide judgment dated 29.09.2015 passed by the Additional Sessions Judge, Jobat, District Alirajpur in Session Trial No. 10/2015 under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs. 5,000/- and default stipulations.

3. The prosecution case found to be proved is that on 21.09.2014 at about 1600 hours, the complainant and his wife were spraying pesticides on the crops in their field. At that time, the appellant armed with faliya (sharp edged weapon) entered into altercation with the deceased and assaulted her with faliya

on her neck due to which she died.

4. Learned counsel for the appellant submits that the appellant has been falsely implicated in the case. He is in jail since last 9 years. Richu (PW-

1) and Jogadiya (PW-4)-husband of the deceased have not stated that appellant has inflicted injury to the deceased. There is material contradiction and omission in the testimony of the witnesses. Disposal of this appeal will take considerable time, hence the jail sentence of the appellant be suspended and he be released on bail.

Signature Not Verified Signed by: SREEVIDYA Signing time: 8/9/2023 5:29:39 PM

5. Learned Government Advocate on the other hand opposes the prayer for suspension and submits that the witnesses have clearly stated against the appellant. Further, the weapon faliya having human blood stain, was recovered from the possession of the appellant. The appellant has been sentenced with life imprisonment, whereas, his custody period is less than 10 years. Hence, the application for suspension of sentence deserves to be dismissed.

6. After having heard the rival submissions and in view of the facts and circumstances of the case, at this stage we do not find any substantial ground for suspension of jail sentence of the appellant.

7. Accordingly, I.A.No. 9388/2023 stands rejected.

                         (S. A. DHARMADHIKARI)                                               (PRANAY VERMA)
                                  JUDGE                                                          JUDGE
                   vidya




Signature Not Verified
Signed by: SREEVIDYA
Signing time: 8/9/2023
5:29:39 PM