Kadriya @ Kadu vs The State Of Madhya Pradesh
2023 Latest Caselaw 656 MP

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                            CRA No. 303 of 2016
                  (KADRIYA @ KADU Vs THE STATE OF MADHYA PRADESH)

Dated : 10-01-2023
      Ms. Sharmila Sharma, learned counsel for the appellant no.1.

      Shri Kamal Kumar Tiwari, learned G.A. for respondent/State.

Heard on I.A.No.11491/2022 which is first application for grant of suspension of sentence filed under section 389 of the Cr.P.C. on behalf of [email protected]

The trial Court has convicted the appellant under Section 302 of I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.5,000/-, with default stipulation, vide judgment of conviction and order of sentence dated 29.01.2016 passed by Sessions Judge, Alirajpur in S.T. No.27/2015.

As per prosecution case, on 23.10.2014 at about 7 A.M. the appellant assaulted the deceased by means of arrow. The deceased received injury on the chest and due to injury the deceased died on the same day.

Learned counsel for the appellant submits that there was a sudden quarrel between the appellant and the deceased. There was single injury on the body of

the deceased. The appellant had no motive to kill the deceased. The appellant is in custody since 14.10.2014. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining sentence may be suspended and the appellant may be released on bail.

Learned counsel for the respondent/State has opposed the prayer of the appellant and submits that there are eye witnesses in the case and the appellant killed the deceased due to prior enmity therefore, there was intention to kill the deceased.

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

Considering the facts and circumstances of the case and the evidence available on record, at this stage we are not inclined to suspend the remaining jail sentence of the appellant.

Accordingly, I.A.No.11491/2022 is hereby dismissed. List in due course.

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

        ajit




Digitally signed by AJIT
KAMALASANAN
Date: 2023.01.11 10:43:49 +05'30'