Nirottam vs The State Of Madhya Pradesh
2023 Latest Caselaw 13098 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                            CRA No. 4391 of 2021
                     (NIROTTAM Vs THE STATE OF MADHYA PRADESH)

Dated : 11-08-2023
      Shri D.K. Singrore - Advocate for appellant.

      Shri S.S. Chauhan - Public Prosecutor for respondent.

Heard on I.A. No. 18583 of 2021 for suspension of sentence and grant of bail filed on behalf of the accused appellant - Nirottam.

The case of the prosecution is that on 14.08.2020, the complainant PW-

2 namely, the wife of the deceased lodged an FIR to the effect that the accused namely her son, has committed the murder of her husband. She has narrated in her complaint that she saw her son, the accused, entering into the room where her husband was staying and thereafter he bolted the door from inside. That she tried to see what was happening in the room but could not see. Thereafter he tried to come out of the room by holding an axe. The door was locked from inside. Thereafter she locked the room from outside. She called the neighbouring villagers. They came and opened the door. She found that her husband was dead. Based on the same, the appellant was charge sheeted. On

trial, the accused has been convicted under Section 302 of the Indian Penal Code and sentenced to R.I. for life and fine of Rs.5,000/- with default stipulation as mentioned in the impugned judgment.

Learned counsel for the appellant contends that he is innocent of the offence. That when he entered into the room where his father was staying, his father had already died. Due to the shock, he became unconscious. He does not know what happened thereafter.

The plea of the appellant is quite contrary to the record of the case. The

evidence of PW-2 indicates that the door was bolted from the inside. In order to trap this man, the complainant locked the door from the outside. That when the villagers came and tried to open the door they could not open the door. The door was bolted from the inside. The police came there and burnt some chillies and threw them inside the room and it is only due to suffocation that the accused opened the door and came out. Therefore, there is substantial material against the accused. It is also to be noticed that the complainant is none other than the mother of the accused. If there is chance of any distrust, the question of his mother lodging a complaint of death against her own son would not arise for consideration. Therefore, the evidence would show that the accused entered

into the house and committed murder of none other than his own father. There is sufficient evidence to prove the guilt.

Hence, on all these grounds, we do not find any ground to enlarge the appellant on bail. I.A. No. 18583 of 2021 is dismissed.

                      (RAVI MALIMATH)                                    (VISHAL MISHRA)
                        CHIEF JUSTICE                                         JUDGE

            MSP




Digitally signed by MANVENDRA
SINGH PARIHAR
Date: 2023.08.14 18:09:04 +05'30'