Ajay Singh @ Nagendra Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 3525 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 969 of 2022
                                    (AJAY SINGH @ NAGENDRA SINGH Vs THE STATE OF MADHYA PRADESH)

                         Dated : 28-02-2023
                               Shri Imtiaz Husain - Senior Advocate with Shri Mohd. Sajeed Khan -

                         Advocate for appellant.
                               Shri S.S. Chauhan - Public Prosecutor for respondent-State.

I.A. No. 1517 of 2022, is an application for suspension of sentence and grant of bail filed on behalf of accused - Ajay Singh @ Nagendra Singh.

Appellant - Ajay Singh along with co-accused Jagatpal Singh have been convicted for the offence punishable under Section 302 of the IPC and sentenced to undergo life imprisonment with fine and default stipulations. Appellant has been further convicted under Section 323 of the IPC while co- accused Jagatpal Singh has been further convicted under Section 323/34 of the IPC and both have been sentenced to rigorous imprisonment for one year each with fine and default stipulations, as mentioned in the impugned judgment. Questioning the same, the present appeal along with an application for seeking suspension of sentence has been filed.

The case of the prosecution is that on 17.05.2012 at about 10 P.M., when PW/1 along with the deceased were sitting in front of their house, at that time, the accused came there and called his two sons, namely, Ajay Singh and Rahul Singh and asked them to come there immediately. The accused Ajay Singh was holding a baseball bat, co-accused Jagatpal was holding an iron rod and co- accused Raju Singh was holding a hockey stick. They assaulted the deceased. As a result of which, Rajesh - the deceased fell down from the chair. All of them started beating him with the weapons they were holding. On complaint Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 3/4/2023 2:08:19 PM

being lodged, the case was registered against the accused for the offence punishable under Sections 307, 302/34 of the IPC .

O n trial, the appellant was accused and sentenced for the offence punishable under Sections 302 and 323 of the IPC, as stated herein-above. S inc e third accused Rajendra Singh @ Raju Singh was absconding and thereafter was arrested, the trial is presently under progress.

Hence, the instant appeal has been filed along with the application seeking for suspension of sentence and bail.

The learned counsel for the appellant contends that there is no material to implicate the accused. That there is material to indicate that not only the

appellant but there were other accused also who were present and who committed the offence. However, it is only the appellants who have been arrayed as accused. Therefore, the entire prosecution story cannot be accepted. The same is disputed by the Public Prosecutor for the State.

O n hearing learned counsels, we do not find any ground to allow this application. There are two eyewitnesses to the incident. PW/1 is the injured eyewitness. He has narrated the manner in which the offence has taken place. T he allegation against the accused Ajay Singh is that he assaulted with the baseball bat. There are overt acts attributed against the co-accused Jagatpal Singh for having assaulted the deceased with an iron rod. The postmortem report indicates that there were six injuries. The injuries are relatable to the acts committed by all the accused. The other eyewitness is PW/2 who has also narrated the manner in which the incident has taken place. In view of the evidence of both the eyewitnesses including the injured eyewitnesses and the correlation of the acts committed by the accused with relation to the

Signature Not Verified postmortem report, we do not find that this is a fit case for the appellant to be Signed by: MOHD IRFAN SIDDIQUI Signing time: 3/4/2023 2:08:19 PM

enlarged on bail.

The material on record also indicates that PW/1 was injured eyewitness who was brutally assaulted by the accused. The assault was to such an extent that PW/1 had to be hospitalized and apprehending his death even his dying declaration was recorded. The aforesaid clearly indicates the intensity and the gruesome manner in which the incident has taken place. Hence, we find no good ground to allow the application.

I.A. No. 1517 of 2022 for suspension of sentence and grant of bail is dismissed.

                                 (RAVI MALIMATH)                                   (VISHAL MISHRA)
                                   CHIEF JUSTICE                                        JUDGE

                         irfan




Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 3/4/2023
2:08:19 PM