Hemraj Alias Guddu Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 1637 MP

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                                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                                    AT JABALPUR
                                                                       CRA No. 9943 of 2022
                                                       (HEMRAJ ALIAS GUDDU SINGH Vs THE STATE OF MADHYA PRADESH)

                                      Dated : 30-01-2023
                                             Shri Sankalp Kochar - Advocate for the appellant.

                                             Shri Prasannajeet Chatterjee - Panel Lawyer for the respondent/State.

Heard on admission.

The appeal being arguable, hence admitted for hearing. Also heard on I.A. No.20476 of 2022, which is an application filed by the

appellant under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment passed by the trial Court for offence punishable under Section 326 of IPC and sentenced to undergo RI for 5 years with fine of Rs.2000/- with default stipulation.

A s per the prosecution case, allegation against the appellant is that due to previous animosity, he struck blows with an axe on both hands of the complainant, which left the complainant bleeding and thereafter struck two more blows with the rare end of the axe on the legs of the complainant.

Learned counsel for the appellants submits that the trial Court has not appreciated the evidence on record in proper perspective and hence arrived at

erroneous findings. There are material contradiction and omission in the testimonies of the witnesses. He drew attention of this Court towards the medical opinion given by Doctor (P.W-7) Dr. Ateek Khan. He further submits that the appellant is in custody since 18.10.2022. The final disposal of this appeal would take considerable time, therefore, the jail sentence of the appellants may be suspended and they may be released on bail.

Signature Not Verified SAN Learned Panel Lawyer for the State has opposed the application for suspension Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.01.31 11:54:30 IST of sentence and grant of bail.

I have heard learned counsel for the parties and perused the record. As per the impugned judgment and testimony of P.W-8 Dr. Sanjeev Prajapati, appellant inflicted several blows on the victim by using an axe. The victim received 9 injuries and most of

them are incised wounds and doctor also found fracture in his hand. Looking to the

custody period of the appellant and nature of injuries sustained by the victim, at this juncture, it is not a fit case where sentence imposed on the appellant should be suspended.

Accordingly, I.A. No.20476 of 2022 is hereby dismissed. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.01.31 11:54:30 IST