Ram vs The State Of Madhya Pradesh
2023 Latest Caselaw 2013 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 1440 of 2020
                                           (RAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 03-02-2023
                               Shri Yogesh Kumar Gupta - Advocate for the appellants Ram Singh,

                         Nanhe Bhai and Pancham Lodhi.
                               Shri Arvind Singh - Government Advocate for the respondent/State.

Heard on I.A.No.2733 of 2020, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellants arising out

of judgment dated 27/01/2020 delivered in S.T. No.36/2013 by the learned II Additional Sessions Judge, Bijawar District Chhatarpur (MP).

The appellants have been convicted under Sections 302 r/w 149 of the IPC and sentenced to undergo R.I. for life with fine of Rs.5,000/- and under Section 148 of the IPC and sentenced to undergo R.I. for one year with fine of Rs.1,000/- and under Section 25(1-B)A of Arms Act and sentenced to undergo R.I. for one year with fine of Rs.1000/- (only for appellant Ram Singh Lodhi), with default stipulations.

Learned counsel for the appellants submits that as per prosecution story

Ram Singh used gun, Pancham Lodhi used wooden stick and Nanhe Bahi used a stone. There is discrepancy in the nature of weapons used and also the part of body where it was used. Statement of Parvati (PW-2) is relied upon. FSL report (Ex.P/41) was not put to question under Section 313 of Cr.P.C. to the accused persons.

The prayer is opposed by learned Government Advocate for the respondent/State on the basis of objection.

Almost similar argument was advanced in CRA No.1211 of 2020 and Signature Not Verified Signed by: MANJU Signing time:

2/4/2023 11:42:44 AM

CRA No.1310 of 2020, in which applications for suspension of sentence of the co-accused persons were rejected by this Court by passing a detailed order.

Thus, no case is made out for suspension of sentence for these appellants, at this stage.

Accordingly, I.A.No.2733of 2020 is dismissed

(SUJOY PAUL) (AMAR NATH (KESHARWANI)) JUDGE JUDGE

manju

Signature Not Verified Signed by: MANJU Signing time:

2/4/2023 11:42:44 AM