Madhya Pradesh High Court
Pallu @ Jitendra Singh vs The State Of Madhya Pradesh on 16 August, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 229 of 2015
(PALLU @ JITENDRA SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 16-08-2023
Shri N. P. Dwivedi- learned Senior Advocate with Shri S. K. Tiwari-
Advocate for appellants.
Shri Rajesh Kumar Shukla- learned Additional Advocate General for
respondent- State.
Per Justice Deepak Kumar Agarwal:-
Heard on IA.No.13656 of 2023, seventh application under Section
389(1) of CrPC moved on behalf of appellant No.1 Pallu alias Jitendra Singh for
suspension of jail sentence and grant of bail.
Vide judgment dated 12th of March, 2015 passed by First Additional
Sessions Judge, Jaura, District Morena in Sessions Trial No. 11 of 2012,
appellant No.1 Pappu alias Jitendra has been convicted under Section 302 of
IPC and sentenced to undergo for life imprisonment with fine of Rs.5,000/- and
further convicted under Section 30 of Arms Act and sentenced to undergo six
months rigorous imprisonment with fine of Rs.2,000/- with default stipulations.
Both sentences have been directed to run concurrently.
According to prosecution case, there was a Government land near the
land of Dharam Singh in village Mohanpur and patta of that land was in the
names of Sona Jatav, Bigha Jatav and Deena Jatav. Earlier, same land was
cultivated by appellant No.1 Pallu alias Jitendra. After this, on 31-07-2011 the
said land was cultivated by Dharam Singh. For this reason, on 01-08-2011 at
around 09:00 in the morning accused No.1 Pallu alias Jitendra Singh was
carrying a 315 bore gun, accused no. 2 Pappu alias Shivnath carrying a single
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 8/17/2023
1:09:39 PM
shot gun, accused no.3 Ashok carrying a single barrel 12 bore gun, accused
No.5 Prem Singh carrying 12 bore single barrel gun, accused no. 6 Mahendra
carrying 12 bore single shot gun and accused Kalla alias Kamal Singh carrying
12 bore single shot gun, accused Uday Singh carrying single shot gun, accused
Hari Singh carrying lathi, all of them came in front of Dharam Singh's house.
Accused no.6 Mahendra caused gunshot fire which hit Dharam Singh on his
right thigh. At the same time, Hari Singh inflicted a lathi blow on the left knee of
Dharam Singh. When Anoop, son of Dharam Singh came for rescue, accused
No.1 Pallu alias Jitendra caused gunshot fire due to which bullet hit on the right
buttock of Anoop and came out of his stomach. At the same time, son of
Dharam Singh Bhola alias Indrabhan when came for rescue, accused Diwan,
Pappu, Ashok, Prem Singh, Uday Singh and Kalla with intention of killing
Dhola alias Indrabhan caused gunshot fires due to which Dhola alias Indrabhan
sustained gunshot injuries. On hearing shouts of Dharam Singh, his mother
Santibai, wife Kaladevi, daughter-in-law Shyama came the spot. Thereafter, on
getting information, police reached the place of occurrence and on the basis of
statement given by Dharam Singh, a dehati nalishi was recorded. The injured
were sent for medical examination. Spot map was prepared. Blood stained and
plain soil, empty cartridge of 12 bore gun and other articles from the spot were
collected. Statement of witness Kaladevi was recorded. Crime No. 65 of 2011
was registered at Police Station Chinnoni. Dying declaration of deceased
Anoop was recorded and thereafter he was sent to District Hospital Morena and
on the way, Anoop was found dead. Postmortem of deceased was conducted.
All accused were arrested. From the possession of appellant No.1 Pallu alias
Jitendra, a 315 bore licensed gun and two live cartridges were seized. The
seized articles were sent for examination to FSL. After completion of
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 8/17/2023
1:09:39 PM
investigation and other formalities, charge sheet was filed before the competent
Court from where the case was committed to the Sessions Court. During trial,
out of six accused persons, accused Ashok died. After conclusion of trial, the
trial Court acquitted Diwan Singh, Prem Singh and Mahendra Singh of charges
levelled against them. Accused- appellant no.2 Pappu alias Shivnath was
convicted and sentenced for offence under Section 25(1-B)(A) of Arms Act
whereas present appellant no.1 Pallu aliss Jitendra was convicted and sentenced
by trial Court for offence as mentioned above.
It is submitted by learned Senior Counsel appearing for the present
appellant that a cross-case relating to same incident was lodged by present
appellant No.1 Pallua alias Jitendra Singh himself vide Crime No.64 of 2011 for
offence under Sections 147, 148, 149, 302, 307 of IPC against six accused
persons. Kalla alias Kamal Singh, Hari Singh and Uday Singh were died in the
alleged incident on account of injuries inflicted by the complainant party. It is
further submitted that the complainant party were aggressors and accused party
had a right of self-defence due to which from the complainant party, Anoop
Singh died by sustaining gunshot injuries and two injured Dharam Singh and
Indrabhan were also sustained gunshot injuries in the alleged incident. The
complete details of accused persons regarding causing of gunshot fire by which
of accused has not been mentioned by deceased Anoop in his dying
declaration. It is further contended that present appellant has already suffered 8
years, 11 months and 13 days of jail incarceration. The present appeal is of the
year 2015 and its final outcome will take some time. Hence, prayed for
suspension of jail sentence and grant of bail to appellant No.1 Pallu alias
Jitendra Singh.
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 8/17/2023
1:09:39 PM
Learned counsel for State opposed the suspension application and
prayed for its rejection.
Considering the aforesaid facts and circumstances of the case as well as
considering the period of custody but without commenting upon merits of the
case, IA deserves to be and is hereby allowed. It is directed that jail sentence of
appellant No.1 Pallu alias Jitendra Singh will remain under suspension subject to
verification that amount of fine has been deposited, on his furnishing a bail
bond of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of
like amount to the satisfaction of concerned trial Court for his appearance
before the Principal Registrar of this Court on 22nd December, 2023 and on
such further dates as may be fixed by the Office in this regard till disposal of
the appeal.
Aforesaid IA stands closed.
Certified copy as per rules.
(ROHIT ARYA) (DEEPAK KUMAR AGARWAL)
JUDGE JUDGE
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 8/17/2023
1:09:39 PM
