Sanjay Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 13392 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 6490 of 2022 (SANJAY SHARMA Vs THE STATE OF MADHYA PRADESH)

Dated : 17-08-2023 Shri Vivek Singh, learned counsel for the appellant.

Shri K. K. Tiwari, learned Government Advocate for the State.

The matter is taken up for hearing, hence I.A.No. 1534/2023, application for urgent hearing stands disposed of.

2. Heard on I.A.No. 1533/2023, which is first application under Section

389 of the Cr.P.C. filed by the appellant-Sanjay Sharma who stands convicted vid e judgment dated 14.07.2022 passed by the Third Additional Sessions Judge, District Shajapur in Session Trial No. 26/2018 under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs. 2,000/- and default stipulations.

3. On 17.12.2017, Anita Bai- wife of the appellant was brought to the hospital in half burnt condition where she died during treatment on 20.12.2017. As per the case of the prosecution, the deceased was physically and mentally tortured for demand of dowry. When the demand was not met, appellant

poured kerosene oil on his wife and set her ablaze.

4 . Learned counsel for the appellant submits that the appellant has been wrongly implicated in the case. The Court below did not consider the omissions and contradictions in the statement of witnesses. The gas stove on the which the deceased used to cook was placed on the ground and something fell down from the loft/shelf above the gas burner. When the deceased stood up to put the same back on the shelf, her saree caught fire and she got burnt. It was an accidental death, possibility of which cannot be ruled out. Appellant Signature Not Verified Signed by: SREEVIDYA Signing time: 8/18/2023 5:16:28 PM

was on bail during trial and disposal of this appeal will take considerable time, hence, prayer is made to suspend the jail sentence of the appellant and release him on bail.

5. Per contra, learned Government Advocate appearing for the State opposes the prayer and submits that the contention of the appellant that the saree of the deceased caught fire while cooking on the gas cannot be accepted in as much as traces of kerosene were found on the clothes of the deceased and the appellant as well as on other items which were sent for FSL. There was no occasion to pour kerosene, had it been a case of accidental burn while cooking on gas.

6. Heard learned counsel for the parties. Perused the record.

7. Considering the rival submissions of the counsel for the parties, facts and circumstances of the case and also the custody period of the appellant, at this stage we do not find any substantial ground to suspend the jail sentence of the appellant and release him on bail.

8. Accordingly, I.A.No. 1533/2023 stands dismissed.

                             (S. A. DHARMADHIKARI)                                     (PRANAY VERMA)
                                      JUDGE                                                JUDGE

                          vidya




Signature Not Verified
Signed by: SREEVIDYA
Signing time: 8/18/2023
5:16:28 PM