Mahesh Singh Rawat vs The State Of Madhya Pradesh
2023 Latest Caselaw 21887 MP

Madhya Pradesh High Court

Mahesh Singh Rawat vs The State Of Madhya Pradesh on 20 December, 2023

Author: Rohit Arya

Bench: Rohit Arya

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 3705 of 2023
                               (MAHESH SINGH RAWAT AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 20-12-2023
                                   Shri R.K. Sharma- Senior Advocate with Ms. Bhavya Sharma-

                           Advocate for the appellants.
                                   Shri Sushant Tiwari - Public Prosecutor for respondent/State.

Heard on IA No.19238 of 2023, first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of

appellant No.4- Bhupendra Singh Rawat.

Present appellant stood along with co-accused/co-appellants Mahesh Singh Rawat, Jitendra @ Kallu and Jitendra @ Jaini convicted under Section 302/149 IPC and sentenced to undergo imprisonment for life with a fine of Rs.10,000/-; and convicted under Section 307/149 IPC and sentenced to undergo RI for five years with a fine of Rs.5,000/- with default stipulations vide judgment of conviction and order of sentence dated 17.02.2023 by First Additional Sessions Judge, Dabra, District Gwalior (M.P.) in ST No.25 of 2020.

The present appellant so far has undergone incarceration of three years and nine months.

Appellant No.1-Mahesh Singh Rawat on 23.08.2023 (IA.12582 of 2023) and appellant No.2- Jitendra @ Kallu on 05.10.2023 (IA.No.16602 of 2023) have been extended the benefit of suspension of sentence and grant of bail, who were tried in the complaint case.

In respect of the same incident, an FIR was lodged bearing Crime No.833/2016 at Police Station Dabra, District Gwalior (M.P.) for the offences

punishable under Sections 302, 307, 294, 147, 148 and 149 IPC and under Section 25/27 of Arms Act in which after completion of investigation challan was filed before the competent court of criminal jurisdiction. In turn, the said case was committed for Trial before the Sessions Court where it was registered as ST No.37/2017 in which Dharmendra Rawat and Narendra Rawat were accused who vide judgment of conviction and order of sentence dated 17.02.2023 were convicted and sentenced for the same offences.

Prosecution case, in brief, is that complainant Avtar Singh Rawat filed a complaint under Sections 302, 307, 147, 148, 149, 294 of IPC and Sections 25/27 of the Arms Act against Mahesh Singh Rawat, Jitendra @ Kallu, Jitendra

@ Jaini and Bhupendra Singh Rawat (present appellant) to the effect that on 29.12.2016 at 9 pm Sahab Singh, Surendra Rawat, Arvind Rawat @ Kallu, complainant, Prahlad Rawat were returning to their village Itaiyl after taking meals at Thakur hotel. As soon as they reached Chanderi temple, Ladaiyapura, Dharmendra Rawat, Narendra Rawat, Jitendra @ Jaini, Bhupendra, Mahesh Singh Rawat and Jitendra @ Kalla stopped and started abusing them. When they objected, Jitendra @ Jaini with an intention to kill fired on the chest of Surendra Rawat with 315 bore rifle, as a result of which he died on the spot. Thereafter Narendra Rawat with Katta fired on the chest of Avtar and Bhupendra Rawat fired aiming Arvind @ Kallu Rawat which hit on his abdomen. All the accused thereafter fled away. Deceased was brought to the hospital where doctor declared him to be dead. Injured were admitted in Sahara Hospital for treatment. Report of the incident was lodged by Sadhu Singh on which Crime No.833/2016 was registered at police Station Dabra, District Gwalior under Sections 302, 307, 294, 147, 148 and 149 of IPC and Section

25/27 of the Arms Act against accused Dharmendra Singh Rawat, Narendra

Singh Rawat and four others. During treatment, statement of Sahab Singh was recorded on 30.12.2016, however, statements of Avtar and Arvind could not be recorded as their condition was serious. After treatment, they tried to give their statements, but investigating officer refused to record their statements as per their version and pressurized them to change their version. Thereafter, complainant and other witnesses submitted affidavits and applications to various police officers which were received by the investigating officer during investigation, but investigating officer with a view to give benefit to accused persons, changed their statements and filed Challan only against accused Dharmendra Rawat and Narendra Rawat, then complainant filed an application under Section 190 and 173(8) of Cr.P.C. before the trial Court. The trial Court by treating the said application as complaint and affidavits of injured as statements under Section 200 of Cr.P.C. took cognizance. The accused persons challenged the said order by filing M.Cr.C.No.5928/2017 before this Court and thereafter in accordance with the directions of this Court, complainant filed a complaint under Sections 302, 307, 147, 148, 294 of IPC and Sections 25/27 of the Arms Act against the present appellant and co- appellants.

Shri R.K. Sharma, learned Senior Counsel ably assisted by Ms. Bhavya Sharma, learned counsel for the present appellant while taking exception to the

impugned judgment of conviction and order of sentence submits that the Sessions Court has not appreciated the evidence placed on record in correct perspective. The judgment suffers from surmises and conjectures. Shri Sharma, learned Senior Counsel, further submits that there is a basic fallacy in conducting two separate trials in respect of the same incident involving two sets

of accused persons, as indicated above. In all fairness, the Trial Court ought to have invoked power under Section 210 of Cr.P.C. for clubbing of both the cases together. That has not been done. That apart, in the police case, deceased Surendra Rawat is alleged to have suffered one gunshot injury caused by accused Dharmendra Rawat whereas in the instant complaint case the bullet injury suffered by the deceased is said to have been fired by Jitendra @ Jaini. That apart, against the present appellant, the sole allegation is of firing a gunshot hitting injured Arvind @ Kallu (PW-3) on his abdomen (tundi), however, complainant Avtar (PW-1), Sahab Singh Rawat (PW-2) and Arvind @ Kallu (PW-3) have turned hostile and did not support the story of prosecution. Though Prahlad (PW-9A) has supported the same, it is of no consequence if the injured as well as the complainant has denied the story of prosecution. Appeal is of the year 2023 and it is not likely to be decided in the near future. Present appellant has already suffered incarceration of about three years and nine months. On these grounds, learned Senior Counsel submits that the present appellant may be extended the benefit of suspension of sentence and grant of bail.

Per contra, learned Public Prosecutor, appearing on behalf of the respondent/State, while supporting the judgment impugned submits that no exception can be taken in the matter of suspension of sentence and grant of bail, regard being had to the nature and the gravity of offence found proved against the present appellant.

Upon hearing learned counsel for the parties, though this Court refrains from commenting upon rival contentions so advanced touching merits of the case, in the obtaining facts and circumstances of the case and as the appeal is of the year 2023 which is not likely to be decided in the near future, we are of

the view that present appellant is entitled to the benefit of suspension of sentence and grant of bail.

Accordingly, IA No.19238 of 2023 stands allowed and it is directed that the jail sentence of appellant No.4- Bhupendra Singh Rawat shall remain suspended during pendency of the present appeal and he shall be released on bail subject to verification of the factum of depositing the fine amount and on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one solvent surety in the like amount to the satisfaction of the Trial Court.

Appellant No.4- Bhupendra Singh Rawat is directed to appear before the Registry of this Court first on 20.02.2024 and on other subsequent dates as may be fixed in this behalf.

Accordingly, the IA stands allowed and disposed of.

Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.

Certified copy as per rules.

                                (ROHIT ARYA)                               (AVANINDRA KUMAR SINGH)
                                   JUDGE                                            JUDGE

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