Madhya Pradesh High Court
Jugal vs State Of Mp on 3 February, 2023
Author: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 6616 of 2019
(JUGAL AND OTHERS Vs STATE OF MP)
Dated : 03-02-2023
Ms. Sharmila Sharma - Advocate for appellants.
Mr. Amit Singh Sisodia - Govt. Advocate for the respondent/State.
IA.No.861/2023, which is an application for urgent hearing, stands
disposed of.
Als o heard on I.A.No.860/2023, which is second application under
Section 389 of the Cr.P.C. for suspension of custodial sentence on behalf of
appellant No.3 Kesharbai, who is aged about 84 years. Her earlier application
was rejected on 04/10/2019.
The appellant No.3 vid e judgment dated 16/05/2019 passed by 5th
Additional Sessions Judge, Dhar District Dhar (M.P.) in S.T. No.22/2018
stands convicted Section 302/34 of IPC and has been sentenced to under go
Life Imprisonment with fine of Rs.500/- with default stipulation.
A s per prosecution story, on Smt. Anita w/o Jugal brought in a burn
condition in District Hospital, Bhopjpur on 29/11/2017 at about 07:45 AM. As
per the duty doctor, she was not a position to give her statement. She was
referred to M.Y.Hospital, where she succumbed to burn injury on 12/12/2017 at
02:00 PM. As per prosecution story, Naib Tehsildar has recorded her dying
declaration in which she declared that her mother-in-law Kesharbai and brother-
in-law (Jeth) caught hold her and her husband, who was in drunk condition
pour kerosene upon her and set ablaze. An FIR was registered and the accused
persons were arrested.
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 2/3/2023
6:59:05 PM
Learned counsel for the appellant submits that dying declaration is
doubtful because as per Ex.-D/1 she was not in a position to speak. The thumb
impression on dying declaration is also not clear. At the time of incident
Kesharbai was aged about 80 years and it is not possible that she can use force
with the deceased. This appeal is of the year 2019 and is not likely to come up
for final hearing in near future. Its a case of suicide but has been converted into
murder on intervention by the parents of the deceased. The marriage took place
ten to fifteen years ago of the incident and there is no allegation of demand of
dowry. Hence, the appellant No.3 Kesharbai is entitled for grant of suspension
of sentence.
On the other hand, the learned counsel appearing for the respondent/State
opposes the prayer by submitting that the offence is serious in nature.
Considering the facts and circumstances of the case, allegations against
appellant No.3 and period of custody and there is no likelihood of final hearing
of this criminal appeal in near future, without commenting on the merits of the
case the application for suspension of sentence IA. No.860/2023 is allowed.
It is directed that subject to deposit of the fine amount, if not already
deposited, with the trial Court and on furnishing personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like
amount to the satisfaction of learned trial Court for her appearance before the
Registry of this Court, the execution of remaining custodial part of the sentence
of the appellant No.3 Kehsarbai shall remain suspended, till final disposal of this
appeal.
The appellant after being enlarged on bail shall mark her presence before
the Registry of this Court on 15/06/2023 and on all such subsequent dates,
Signature Not Verified
which are fixed in this behalf.
Signed by: TEJPRAKASH
VYAS
Signing time: 2/3/2023
6:59:05 PM
With the aforesaid, IA.No.860/2023 stand disposed of.
List the appeal for final hearing in due course.
(VIVEK RUSIA) (ANIL VERMA)
JUDGE JUDGE
Tej
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 2/3/2023
6:59:05 PM
