Madhya Pradesh High Court
Bharat vs The State Of Madhya Pradesh on 23 August, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 7322 of 2023
(BHARAT Vs THE STATE OF MADHYA PRADESH)
Dated : 23-08-2023
Shri Deependra Singh Raghuwanshi - Advocate for appellant.
Shri A.K.Nirankari- Public Prosecutor for respondent- State.
Per Justice Deepak Kumar Agarwal:-
Heard on IA.No. 12534 of 2023, first application under Section 389(1)
of CrPC moved on behalf of appellant Bharat Singh for suspension of jail
sentence and grant of bail.
Vid e judgment dated 8th of May, 2023 passed by First Additional
Sessions Judge, Chanderi, District Ashok Nagar in Sessions Trial No.110 of
2017, the present appellant has been convicted under Section 302 of IPC and
sentenced to undergo life imprisonment with fine of Rs.1,000/- with default
stipulation.
According to the prosecution case, on 17-06-2016 complainant Rajaram
(PW1) made a complaint at police station concerned to the effect that on the
date of incident i.e. 17-06-2016, his wife Mamta and daughter Rinku had gone
to the well for fetching water and when his wife and daughter were returning,
accused appellant Bharat inflicted a lathi blow on the head of his wife. On
hearing screams of his wife, when he reached spot, he saw that a lathi blow was
hit by father of appellant Khet Singh and co-accused Ramkali was also inflicting
lathi blow. By calling 100 dial number, he took his wife in an ambulance to
Chanderi Hospital where doctor declared his wife Mamta dead. On the basis of
complaint made by Rajaram, a dehati nalishi Ex.P1 was recorded and on the
basis of such dehati nalishi, an FIR was registered for commission of offence
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 24-08-2023
04:52:13 AM
against accused under Sections 302, 341, 34 of IPC. Matter was investigated.
During investigation, a spot map as well as Naksha Panchnama was prepared
vide Ex.P15 and Ex.P17. Postmortem of deceased was conducted vide Ex.P19
and thereafter, the dead body of deceased was handed over to her parents.
During investigation, accused were arrested vide Ex.P8, Ex.P9 and Ex.21 and
from their possession one-one lathi was seized vide Ex.P5 to Ex.P7. Statements
of witnesses were recorded. After completion of investigation and other
formalities, charge sheet was filed before the competent Court from where the
case was committed to Sessions Court for its trial. After conclusion of trial, the
trial Court convicted and sentenced the present appellant for offence as
mentioned above.
I t is submitted by counsel for the appellant that there are material
contradictions and omissions in the evidence of prosecution witnesses.
Prosecution story does not support by medical evidence. The trial Court has
committed an error in convicting and sentencing present appellant. It is further
contended that appellant is in custody from 19-06-2016 and he has already
served near about seven years two months of incarceration. This appeal is of
2023 and its final outcome will take some time. Hence, prayed for suspension
of jail sentence and grant of bail.
Learned counsel for the State vehemently opposed application and
prayed for its rejection.
Considering the aforesaid facts and circumstances of the case, but
without commenting upon merits of the case, aforesaid IA deserves to be and is
hereby allowed and it is directed that jail sentence of present appellant 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
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 24-08-2023
04:52:13 AM
Thousand Only) with one solvent surety of the like amount to the satisfaction
of concerned Trial Court for appearance before the Principal Registrar of this
Court on 18th December, 2023 and on such further dates as may be fixed by
the office in this regard till disposal of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (DEEPAK KUMAR AGARWAL)
JUDGE JUDGE
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 24-08-2023
04:52:13 AM
