Krishna Saket @ Manja Saket vs The State Of Madhya Pradesh
2023 Latest Caselaw 12820 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 2755 of 2023
                          (KRISHNA SAKET @ MANJA SAKET AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 08-08-2023
                               Shri Rajesh Kumar Sen - Advocate for appellants.

                               Shri S.K. Kashyap - Public Prosecutor for respondent/State.

Heard on I.A. No.10810 of 2023.

This is the first application seeking suspension of sentence and bail filed on behalf of appellant No.3-Phoolchand Saket who has been convicted under

Sections 148, 302/149 and 323/149 and sentenced to R.I. for 3 years, R.I. for life and R.I. for 3 months respectively and fine of Rs.500/- for each offence with default stipulations as mentioned in the impugned judgment.

The case of the prosecution is that in the night of 07.06.2019 at about 12 o'clock, when the complainant Jagdish was in his shop, co-accused Ajay Mishra came there and abused him and after some time, the appellant came there on a motorcycle along with other co-accused persons and by using weapons like lathi, danda, sword and katta, assaulted the complainant, his brother Ramlotan, his son Suraj, cousin Ajay and Sunil. All of them sustained

injuries. During treatment, Ramlotan succumbed to the injuries. Accordingly, a case was registered and investigation was taken up. Trial was conducted against eight accused. Two accused were absconding. After trial, accused No.5-Rahul was acquitted of all the charges whereas five accused were convicted and above stated sentences were imposed upon them. Accused No.2, 3 and 4 namely Krishna Saket @ Manja Saket, Kanhaiyalal Saket and Phoolchand Saket respectively have preferred the instant appeal. As indicated already, application seeking suspension of sentence is being filed only on behalf of accused- Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 8/9/2023 4:41:04 PM

Phoochand who is appellant No.3 here.

Learned counsel for the appellant has contended that there are various contradictions and inconsistencies in the statements of the prosecution witnesses and oral evidence of the witnesses do not match with the medical evidence. However, the same is disputed by the State counsel.

Heard the counsels.

There are four eyewitnesses in the incident in question namely PW1, PW2, PW3 and PW8. They have clearly narrated the manner in which the incident has taken place. The post-mortem report indicates that the deceased has suffered as many as 10 injuries.

In this view of the matter, we do not find any good ground to allow this application for suspension of sentence and grant bail to the appellant.

Accordingly, I.A. No.10810 of 2023 is rejected.

                                 (RAVI MALIMATH)                                     (VISHAL MISHRA)
                                   CHIEF JUSTICE                                          JUDGE

                         vinod




Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 8/9/2023
4:41:04 PM