Rumal vs The State Of Madhya Pradesh
2023 Latest Caselaw 2266 MP

       IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                         Cr.A.No.3244/2022
                      (Rumal Vs. State of M.P.)

Indore : Dated 8.2.2023
      Shri Nilesh Dave, learned counsel for the appellant.
      Shri K.K.Tiwari, learned counsel for the respondent/State.

___________________________________________________________ Heard on I.A. No.10540/2022, which is first application filed under Section 389 of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of the appellant -Rumal.

Learned Trial Court has convicted the appellant under Sections 302 of IPC and sentenced him to undergo Life Imprisonment with fine of Rs.1,000/-, with default stipulation, vide judgment of conviction and order of sentence dated 25.3.2022 passed by the Additional Sessions Judge, Jobat, District Alirajpur in S.T. No.84/2020.

As per prosecution case, during 6.6.2020 at 6.00 PM to 7.6.2020 at 6.00 AM appellant assaulted the deceased Kunwar Singh on his head by means of piece of stone. Due to injury the deceased has died.

Learned counsel for the appellant submits that there is no eye- witness in the case and entire prosecution case depends upon circumstantial evidence. Alleged mobile phone, which was recovered from the appellant was not identified that the mobile phone was of the deceased and seizure of T-shirt and shawl from the appellant is not proved beyond reasonable doubt, therefore, appellant cannot be held guilty for the alleged offence. Apart from that it has further been argued that the incident has been occurred due to sudden quarrel between the appellant and the deceased, therefore, offence falls under Section 304 Part II of IPC. During trial appellant was on bail and he is in custody since the date of judgment. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining sentence may be suspended and the appellant IN THE HIGH COURT OF MADHYA PRADESH AT INDORE Cr.A.No.3244/2022 (Rumal Vs. State of M.P.)

may be released on bail.

Per contra, learned Government Advocate for the respondent/State has objected the prayer of the appellant and submits that it is proved that the mobile phone recovered from the appellant is of the deceased. As per DNA report Ex.P/41 it was found that DNA profile is same on the T-shirt and shawl recovered from the appellant with DNA profile of Shirt and Banyan of the deceased. The appellant has not given any explanation that why the blood of the deceased found in his cloths, therefore, the application is liable to be rejected.

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

Looking to the facts and circumstances of the case and considering the evidence available on record against the appellant, we are not inclined to grant suspension of jail sentence. IA No.10540/2022 is accordingly rejected.

List the matter for final hearing in due course.

                                                                 (S.A.Dharmadhikari)                     (Prakash Chandra Gupta)
                                                                         Judge                                     Judge



          Patil
Digitally signed by SHAILESH PATIL

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=837fe9c27fdece0f7f4ec7150827760f68beff4d709b9f5 9439e1d51ace79637, pseudonym=663F17CE27594B9E54AA3BAB05B4295B155F651 B, serialNumber=3E01C00D600649CCA41365593337DEF53CC3D 6A3E63493017489D6D6B6975E7F, cn=SHAILESH PATIL Date: 2023.02.09 16:05:51 +05'30'