Mukesh Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 1019 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    CRA No. 4510 of 2017
                                      (MUKESH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-01-2023
                                Shri Surendra Singh - Sr. Advocate with Shri Shivam Singh -

                          Advocate for the appellant No.2 Mohan Yadav.
                                Shri Akhilendra Singh - Govt. Advocate for the respondent / State.

Shri Ramanuj Choubey - Advocate for the objector.

I. A. No.20382/2022, application for suspension of sentence and

grant of bail to the appellant No.2 - Mohan Yadav arising out of judgment dated 12.10.2017 delivered in S.T. No. 267/2014 by the learned First Additional Sessions Judge, Sehore, is taken up.

The appellant has been convicted for the offence punishable under Section 302 /34 IPC and sentenced to undergo R.I. for life and fine of Rs.10,000/-, Section 25(1-B) of Arms Act and sentenced to under R.I. for one year with fine of Rs. 500/-, Section 323 IPC and sentenced to undergo R.I. for one month and Section 325 / 34 (two counts) of IPC and sentenced

to undergo R.I. for 1 year and fine of Rs.3,000/- with default stipulations.

Learned counsel for the appellant submits that as per prosecution story on 23.10.2014 complainant Maya Yadav lodged a report in Police Station Kotwali, Distt. Sehore that because of previous animosity, the appellant and other accused persons assaulted family members of complainant because of which Bhawar Lal died on 24.10.2014. Learned counsel for the appellant submits that there was a free fight between the parties. Pursuant to report lodged by the appellant party, Sessions Case No. Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 1/18/2023 5:30:36 PM

104/2015 was registered against the other side and certain accused persons of other side were convicted for committing offence under Section 324 read with Section 34 of IPC. Judgment dated 12.10.2017 is filed along with the appeal memo. In that event, it is clear that individual act of accused persons is to be seen. The Court below in the impugned judgment has given a clear finding in para-21 that the main injury on the head of deceased appears to have been caused by this appellant by means of backside of sword. It is submitted that in view of aforesaid backdrop and judgment of Supreme Court reported in AIR 2019 SC 3727 ( R. Jayapal Vs. State of

Tamil Nadu and Anr.), exception 4 of Section 300 IPC would be applicable and offence would be convertible to part I of Section 304 of IPC. In the case of R. Jayapal (Supra) sentence was reduced to period of 10 years. Applying that principle, in the instant case, this appellant remained in custody for more than 5 years. Thus, completed half of the sentence of 10 years, therefore, remaining jail sentence may be suspended.

Shri Akhilendra Singh, learned G.A. for the State opposed the prayer on the basis of objection.

Shri Ramanuj Choubey, learned counsel for the objector vehemently opposed the prayer.

We have heard the parties.

In view of the nature of injuries caused to the deceased and findings given in Para-21 and 33 of the impugned judgment, at this stage, no case is made out for suspension of sentence.

Hence, I.A. No. 20382/2022 is dismissed. Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 1/18/2023 5:30:36 PM

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

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 1/18/2023 5:30:36 PM