Keshav vs The State Of Madhya Pradesh
2023 Latest Caselaw 12905 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 521 of 2022
                                           (KESHAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-08-2023
                                Shri Kuldeep Singh Rajpoot - Advocate for the appellant Nos.2 and 4.

                                Shri A.K. Jain - Advocate for the appellant No.3.
                                Mr. Ajay Shukla - Government Advocate for respondent-State.

Heard on I.A. Nos.6570/2022, 2367/2023 and 16702/2023, applications under Section 389(1) of the Cr.P.C. for suspension of sentence

and grant of bail to appellant Nos.2, 4 and 3 respectively arising out of judgment dated 06/01/2022 delivered in Sessions Trial No.245/2015 by Second Additional Sessions Judge, Gadarvara, District Narsinghpur (MP).

T h e appellant Nos.2, 4 and 3 have been convicted under Sections 498A/34 and 302/34 and sentenced to undergo R.I. for three years with fine of Rs.500/- each and Life Imprisonment with fine of Rs.1000/- each respectively, with default stipulations.

After arguing for some time, learned counsel for the appellant Nos.2 and 4 seeks to withdraw I.A. Nos.6570/2022 and 2367/2023.

Accordingly, I.A. Nos.6570/2022 and 2367/2023 are dismissed as withdrawn.

Learned counsel for the appellant No.3 by taking this Court to the prosecution story submits that the case of the prosecution is based on dying declarations. PW/4 and PW/5 (parents) of the deceased did not support the prosecution story. Learned counsel for the appellant No.3 submits that dying declarations do not connect Janki Bai with commission of crime. The appellant No.3 - Janki Ba has remained in custody for more than 8 years. Final hearing of Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 8/10/2023 6:43:23 PM

this appeal is not possible in near future, thus, the remaining jail sentence of the appellant No.3 may be suspended.

The Government Advocate opposed the prayer on the basis of objection. It is seen that there are four dying declarations. Three dying declarations are in writing and one is an oral dying declaration. A conjoint reading of three written dying declarations namely Dehati Nalisi, case diary statement and statement recorded by Executive Magistrate shows the role of appellant No.3 - Janki Bai and therefore, without expressing any opinion on merits, we are not inclined to suspend the remaining jail sentence of appellant No.-3 - Janki Bai.

Accordingly, I.A. No.16702/2023 is hereby dismissed. She may renew

the application after completing 10 years of actual sentence.

                               (SUJOY PAUL)                                   (DWARKA DHISH BANSAL)
                                  JUDGE                                               JUDGE

                          rj




Signature Not Verified
Signed by: RAJESH KUMAR
JYOTISHI
Signing time: 8/10/2023
6:43:23 PM