Jyoti vs The State Of Madhya Pradesh
2023 Latest Caselaw 1982 MP

                                       1
              IN THE HIGH COURT OF MADHYA PRADESH
                            AT INDORE
                                  CRA No. 5398 of 2022
                     (JYOTI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 03-02-2023
      Shri Laxmi Narayan Soni, learned senior counsel with Shri Jitendra

Solanki, learned counsel for the appellant.
      Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.

Heard on I.A. No.15114/2022, which is first application for suspension

of jail sentence and grant of bail filed under section 389 of the Cr.P.C. on behalf of appellant no.1-Jyoti.

The trial Court has convicted appellant vide judgment dated 10.06.2022 passed by the First Additional Sessions Judge, Dhar in S.T. No.75/2019 as under:-

Fine deposited Imprisonment in Sessions Act Imprisonment details lieu of fine

341 IPC 15 days R.I. Rs.50/- 7 days S.I.

            147             IPC         1 year R.I.     Rs.200/-         1 month R.I.

                                           Life
          302/149           IPC                        Rs.1,000/-     6 months R.I.
                                       Imprisonment

As per prosecution case, there was a land dispute between the deceased and the appellants, on 24.07.2019 at about 9:45 a.m. appellant and co-accused persons assaulted deceased Ayodhya Bai by means of lathis. Due to head injury the deceased died.

Learned counsel for the appellant submits that appellant no.3 Arjun and appellant no.4 Karan are sons of appellant no.1 Dilip Singh and the present appellant no.2 Jyotibai is wife of appellant no.1 Dilip Singh and deceased was

step mother of appellant no.1 Dilip Singh. He further submit that most of the witnesses have not supported the case of the prosecution. Only Vishnu P.W.-2 has supported the case and the trial Court has relied upon the statement of Vishnu P.W.-2 and convicted the appellants. Vishnu P.W.-2 is close relative of the deceased and there are much omissions and contradictions in his statement, therefore, the trial Court has wrongly believed on sole statement of Vishnu P.W.-2. As per the statement of witnesses the appellant has not assaulted the deceased on her head therefore, she is not liable for the murder of the deceased. The appellant is a woman and she is aged about 43 years. The appellant is in jail since 27.07.2019. Final hearing of the appeal is not possible in near future

therefore, it is prayed that remaining jail sentence of the appellant may be suspended and appellant may be released on bail.

Learned Govt. Advocate for the respondent/State opposed the prayer of the appellant by submitting that statement of Vishnu P.W.-2 is supported by the statement of Doctor Mohan Singh Jamra P.W-6. who conducted the post mortem of deceased and further supported by FSL report Exhibit-P/41, therefore, application filed by the appellant is liable to be rejected.

We have heard learned counsel for both the parties and perused the record.

Considering the statement of Vishnu P.W.-2 at this stage we are not inclined to grant bail to the appellant and accordingly I.A. No.15114/2022 is dismissed.

List for final hearing in due course.

                        (S. A. DHARMADHIKARI)                          (PRAKASH CHANDRA GUPTA)
                                 JUDGE                                          JUDGE
Digitally signed by AJIT
KAMALASANAN
Date: 2023.02.06 15:23:06 +05'30'

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