Pushpendra @ Ponti Rana vs The State Of M.P.
2023 Latest Caselaw 1196 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 5938 of 2020
                                              (PUSHPENDRA @ PONTI RANA Vs THE STATE OF M.P.)

                           Dated : 19-01-2023
                                 Ms. Indu Rajguru, learned counsel for the appellant.

                                 Shri K.K. Tiwari, learned Govt. Advocate for respondent/State.

Heard on the question of admission.

Admit.

I.A. No.15681/2022, first application for suspension of sentence and

grant of bail filed on behalf of appellant- Pushpendra @ Ponti Rana is taken up.

Appellant has been convicted under Section 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs.2000/- with default

stipulation vide judgment dated 22.01.2020 passed by the Court of 2nd Additional Sessions Judge, Barwah, Khargone in ST No.634/2014.

As per prosecution case, on 10.01.2014 at about 07:30 PM, the appellant inflicted multiple injuries on the head of the deceased by means of stone. Due to head injury, deceased Rajendra @ Raju had died on the same day.

Learned counsel for the appellant submits that eye witnesses Gajanand (PW-1) and Mahesh Dhakad (PW-2) had not supported the case of prosecution. As alleged by prosecution that the appellant has made confessional statement before Manjubai (PW-3) but there is contradiction in her statement, hence, her statement is not reliable. Seizure witnesses have also not supported the case of prosecution. Appellant was in custody from 11.02.2014 to 17.06.2016 and is also in custody from the date of judgment. The final hearing

Signature Not Verified Signed by: VIBHA PACHORI Signing time: 20-01-2023 10:28:34

of this appeal is not possible in near future. Therefore, the remaining jail sentence of the appellant may be suspended.

Learned Govt. Advocate opposes the prayer and submits that appellant has made confessional statement before Manjubai(PW-3). There is no material contradiction in her statement, therefore, trial Court has rightly relied upon the statement. Apart from that human blood stain is also found on the pant and footwear (chappal), recovered from the appellant.

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

Considering the facts and circumstances of the case and looking to the

evidence on record, we are not inclined to suspend the sentence of the appellant. Therefore, prayer for suspension of sentence of the appellant is rejected.

Accordingly, IA No.15681/2022 stands dismissed. List in due course.

C.C as per rules.

                              (S. A. DHARMADHIKARI)                       (PRAKASH CHANDRA GUPTA)
                                       JUDGE                                       JUDGE

                           Vibha




Signature Not Verified
Signed by: VIBHA PACHORI
Signing time: 20-01-2023
10:28:34