Ramchandra vs The State Of Madhya Pradesh
2023 Latest Caselaw 13113 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 8960 of 2018
                                        (RAMCHANDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-08-2023
                                 Shri Omprakash Solanki - Advocate for the appellants.

                                 Shri Sudarshan Joshi - Government Advocate for the respondents State.

Heard on I.A. No.1405/2020, second application under Section 389 of Cr.P.C. for suspension of remaining jail sentence of the appellant Ramchandra. Also heard on IA No. 10256 of 2022, first application under Section 389 of

Cr.P.C. for suspension of remaining jail sentence of the appellant Kalu.

The appellants have been convicted under Sections 302/34 of I.P.C. and sentenced to undergo life imprisonment each with fine of Rs. 10,000/ each with default stipulation vide judgment of conviction and order of sentence dated 13.11.2018 passed in S.T. No.500152/2016.

As per the prosecution story, complainant Dharmendra lodged a report at police station on 15.10.2016 that his uncle was sleeping on Tekari and he was assaulted by Ramchandra, Kulu and Radhyeshyam and thereafter he died. Pooja daughter of the deceased was also there who seen the incident and stated

that all the three accused were assaulting her father. As per version of Pooja, Radhyshyam was holding a sword and Ramchandra and Kualu were holding sticks. The deceased died due to the injuries caused by sharp and hard object on his neck region. Simple contusion was found on neck.

Learned counsel for the appellants submits that the appellants have been falsely implicated in this case. Learned trial Court has not properly appreciated the evidence available on record and material omissions and contradictions have been overlooked. Learned counsel for the appellants further submitted that Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 11-08-2023 18:47:56

Ramchandra is the father, Kalu and Radhyeshyam are the sons. All have been falsely implicated in the case and they all are in jail since 2016. This appeal is of the year 2018. There is no criminal record against the appellants. No blood strained was found on sticks recovered from Ramchandra and Kalu.

On the other hand, learned Government Advocate appearing for the respondent/State prays for rejection of the application.

In view of the aforesaid facts and circumstances of the case, I find it to be a fit case to suspend the custodial sentence of the appellants.

Accordingly, without expressing any opinion on merits of the case, I.A. No.1405/2020 and IA No. 10256 of 2022 are allowed, subject to depositing

the fine amount, if not already deposited with the trial Court and it is directed that on furnishing a personal bond by the appellants in the sum of Rs.30,000/- (Rupees thirty thousand only) each with separate solvent sureties in the like amount to the satisfaction of the learned trial Court, for their regular appearance before the Registry of this Court, the execution of the custodial part of the sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.

The appellants, after being enlarged on bail, shall mark their presence before the Registry of this Court on 18.12.2023 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Certified copy as per rules.

                              (VIVEK RUSIA)                                                 (ANIL VERMA)
                                  JUDGE                                                        JUDGE

                           rashmi

Signature Not Verified
Signed by: RASHMI
PRASHANT
Signing time: 11-08-2023
18:47:56





Signature Not Verified
Signed by: RASHMI
PRASHANT
Signing time: 11-08-2023
18:47:56