Prem @ Dukhu vs The State Of Madhya Pradesh
2023 Latest Caselaw 1029 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 6490 of 2020
                                        (PREM @ DUKHU Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 17-01-2023
                                Shri Surendra Singh - learned Senior Counsel with Shri Shivam Singh,

                          Advocate for the appellant.
                                Shri Yogesh Dhande - Government Advocate for the respondent/State.

I.A. No.14682/2020 application for suspension of sentence and grant of bail to appellant Prem @ Dukhu arising out of judgment dated 07/11/2020

delivered in Special Case No.66/2017 by the Special Judge, SC/ST (Prevention of Atrocities) Act, Khandwa is taken up.

T h e appellant has been convicted for the offence punishable under Section 302, 201 of the IPC and sentenced to undergo life imprisonment with and fine of Rs.500/- and R.I. for two years and fine of Rs.500/- respectively with default stipulation.

Shri Surendra Singh, learned senior counsel for the appellant submits that as per prosecution story on 06/10/2016 complainant Arjun Nidane lodged a Gun Insan Report No.49/2016, wherein it was informed that Vikram Nidane

aged about 18 years (deceased) is missing from 03/10/2016. The body of Vikram Nidane was recovered on 12/03/2017. Four accused persons were tried by the Court below. There is no eyewitness of the incident. The body was totally in a decomposed state when it was recovered after about five months. In view of State of Punjab Vs. Bhajan Singh & Others, AIR 1975 SC 258 such a decomposed body about which no opinion could be formed whether death was homicidal in nature, the question of murder does not arise.

Apart from this, the prosecution obtained similar memorandums under Signature Not Verified Signed by: ANURAG SONI Signing time: 18-Jan-23 11:51:54 AM

Section 27 of Evidence Act from present appellant and accused Manish. The memorandum of Manish is Ex.P-9, whereas present appellant's memorandum is Ex.P-10. Despite similar memorandums on the strength of which the body was allegedly found and recovered, Manish was acquitted by the Court below, whereas appellant was held guilty. The singular distinguishing reason as per the judgment of Court below is extra judicial confession allegedly given by appellant to Ashok (PW-1) and Praveen (PW-3). By taking this Court to the cross-examination of both the witnesses it is urged that the appellant did not give any voluntarily disclosure / statement, which may fall within the ambit of extra judicial confession. The appellant was assaulted by these witnesses and

therefore, any such statement given, hits Article 20(3) of the Constitution of India. The additional / distinguishing facts of extra judicial confession is not admissible and does not bring the appellant within the ambit of offence.

Shri Yogesh Dhande opposed the prayer on the basis of Para-25 of the impugned judgment.

We have considered the arguments of learned counsel for the parties. In view of aforesaid factual backdrop, coupled with the fact that other accused persons were acquitted, the appellant is in custody since 13/03/2017 and final hearing of this appeal is not possible in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A. No.14682/2020 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Prem @ Dukhu is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal

Signature Not Verified bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one Signed by: ANURAG SONI Signing time: 18-Jan-23 11:51:54 AM

solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Khandwa on 17th April, 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 rules.

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

                          as




Signature Not Verified
Signed by: ANURAG SONI
Signing time: 18-Jan-23
11:51:54 AM