Madhya Pradesh High Court
Dharmendra Kumar vs The State Of Madhya Pradesh on 28 February, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 627 of 2023
(DHARMENDRA KUMAR Vs THE STATE OF MADHYA PRADESH)
Dated : 28-02-2023
Shri Siddharth Datt - Advocate for the appellant.
Shri Ajay Shukla - Government Advocate for the respondent of M.P.
Heard on I.A. No.2192 of 2023 an application filed under Section 389
(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant -
Dharmendra Kumar out of judgment dated 16.12.2022 delivered in SCATR.
No.39/2016 by Special Judge, district Singrauli, M.P.
The appellant has been convicted and sentenced under Section 302/34 of
IPC to undergo RI for Life and fine of Rs.1000/- with default stipulation.
Learned counsel for the appellant submits that as per prosecution story
the complainant/widow of deceased, Reeta Panika lodged a report on 2.6.2016
at about 9.15 am in P.S. Baidhan that her husband left the house on 1.6.2016 at
about 6-7 pm and came back at around 9 pm. She was preparing dinner and
seen that her husband left the house with a glass of water. She alongwith her
children slept and when in the morning, she proceeded towards Budhela,
certain villagers informed that a dead body is lying between Peeparajhapi and
Budhela. It was noticed that it was complainant's husband namely Hridaylal
Panika.
Shri Datt, learned counsel for the appellant submits that the court below
in Para-14 of the judgement opined that there is no eye witness to the incident.
The case of the prosecution is based on circumstantial evidence. The only
evidence against this appellant is allegedly a last seen evidence whereas a plain
reading of statement of PW-2 and PW-3, the brothers of the deceased shows
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 3/1/2023
10:28:15 AM
that this appellant was not one of those persons who were last seen by them.
The names of persons are Prakash Narayan Soni and Sandeep Bais.
Shri Datt further submits that a careful reading of Para-1 of statement of
PW-1 shows that the deceased left the house with Prakash Narayan Soni and
Sandeep Bais and then came back at around 9 o'clock. When he again left at 9
o'clock, nobody else was with him. Thus, last seen theory has no legs to stand.
Learned counsel for the appellant submits that no incriminating material is
recovered from the appellant. A shirt recovered from the appellant does not
contain any blood stain. The conviction of appellant is based on memorandum
of co- accused Prakash Narayan Soni. The said memorandum recorded under
Section 27 of the Evidence Act has no evidentiary value as against the present
appellant. Thus, there is no legal evidence on the basis of which the conviction
was recorded. The final hearing of this appeal will take time. Thus, the
remaining jail sentence of this appellant may be suspended.
The prayer is opposed by Shri Ajay Shukla, learned Counsel for the
State on the basis of objection.
We have heard the parties at length and perused the record.
Considering the aforesaid factual backdrop, a case is made out for
suspension of remaining jail sentence of this appellant. Thus, without expressing
any opinion on merits of the case, we deem it proper to suspend the remaining
jail sentence of the appellant.
Accordingly, I.A. No.2192 of 2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant--Dharmendra Kumar is hereby
suspended and it is directed that the appellant be released on bail on his
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furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 3/1/2023
10:28:15 AM
Thousand only) with one solvent surety of the like amount to the satisfaction
of the trial Court with a further direction to appear before the trial Court,
Baidhan, district Singrauli on 8 th of May, 2023 and also on such other
dates as may be fixed by the trial Court in this regard during the pendency of
this appeal.
Certified copy as per rule.
(SUJOY PAUL) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
bks
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 3/1/2023
10:28:15 AM
