Madhya Pradesh High Court
Kamalkishor vs The State Of Madhya Pradesh on 4 July, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 8839 of 2022
(KAMALKISHOR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 04-07-2023
Shri Ravi Dwivedi, learned counsel for appellant No.3 Arvind Singh.
Ms. Kalpana Parmar, learned counsel for respondent- State.
Shri Suresh Agrawal, learned counsel for complainant.
Heard on IA No. 10528 of 2023, which is the first application under
Section 389(1) of CrPC filed on behalf of appellant No.3 Arvind Singh for
suspension of jail sentence and grant of bail.
Vide impugned judgment of conviction and order of sentence, dated 26th
August, 2022 passed by Second Additional Sessions Judge, Jaura, District
Morena in Sessions Trial No.178 of 2017, the present appellant has been
convicted under Sections 148, 307/149, 307/149, 325/149 and 323/149 of IPC
and sentenced to undergo rigorous imprisonment of one year RI with fine of
Rs.1,000/, ten years RI with fine of Rs.5,000/-, ten years RI with fine of
Rs.5,000/-, three years RI with fine of Rs.1,000/- and six months RI with fine of
Rs.500/- respectively with default stipulations. All the sentences have been
directed to run concurrently.
Prosecution case, in short, is that on 10-03-2017, complainant Lokendra
along with injured Bachchu Singh, Ramniwas and Pooran Singh lodged a report
at police station in injured condition against accused persons stating therein that
in the morning of 10th March, 2017, a quarrel took place between Manoj and
Rakesh due to throwing garbage in field and on this dispute, in the evening
Rakesh, Shivcharan, Makhan and Pratap committed ''marapeet'' with Manoj due
to which a crime was registered at Police Station Bagchin. At around 10:30 in
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 7/5/2023
10:56:50 AM
the night, Pratap, Jandel, Arvind, Makhan, Rakesh, Mishri, Shivcharan,
Mahendra, Kamal Kishore, Amar Singh, Atar Singh, Rajesh, Betal, Ramnath
and Daroga armed with lathi and farsa came in front of house of complainant
and abused in filthy language on his mother and sister. Present appellant-
accused Arvind with intention to kill gave a farsa blow on the head of Bachchu
by which blood started oozing out. Co-accused Pratap gave a lathi blow on the
right hand. Co-accused Rakesh and Makhan gave lathi blow on the right side of
back and left hand. Co-accused Atar Singh & Rajesh on Ramniwas gave farsa
blows on the head. Co-accused Betal, Ramnath and Amar Singh gave lathi
blows on left leg. Co-accused Mahendra gave a lathi blow on the left arm by
which blood started oozing out. Co-accused Kamal Kishore, Jandel, Daroga
and Pooran committed marpeet with Pooran Singh by means of lathi. Rajaram
and Raghuraj were witnesses to alleged incident. On the basis of such report,
Crime No.51 of 2017 was registered against all the accused persons. A spot
map was prepared. Injured Lokendra, Pooran Singh, Ramniwas and Bachchu
were medically examined. A vision map was prepared by Patwari. Bloodstains
and plain soil were seized from the scene of incident. A blood stained shirt was
seized from the injured and a kurta was seized from injured Ramniwas. Accused
were arrested and their memorandum was recorded under Section 27 of
Evidence Act. The seized items were sent for examination to Joint Director,
Regional Forensic Science Laboratory, Gwalior through SP Gwalior. After
completion of investigation and other formalities, charge sheet was presented in
the competent Court showing co-accused Atar Singh as absconding.
Thereafter, on the presence of co-accused Atar Singh, the remaining part of
investigation against him regarding filing of charge sheet was submitted on 08-
08-2017. After conclusion of trial and after marshaling prosecution evidence,
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 7/5/2023
10:56:50 AM
the trial Court convicted and sentenced the present appellant along with other
co-accused persons for the offences as mentioned above.
It is submitted Shri Dwivedi, learned counsel appearing for appellant
No.3 Arvind Singh that present appellant has already served near about 16
months of jail sentence. Allegation against the present appellant is of causing
injury on injured Bachchu by means of farsa and similarly, co-convicted
accused Atar Singh and Rajesh against whom there is allegation of causing
injuries by means of farsa on the head of injured Ramniwas have already been
given benefit of suspension of sentence by this Court. It is further contended
that as per MLC, no bony injury was found on the body of injured Bachhu. The
case of present appellant is better footing than that of co-convicted accused
Rajesh and Atar Singh. Final hearing of appeal will take some time. Hence,
prayed for suspension of jail sentence and grant of bail to the present appellant.
The suspension application is opposed by State Counsel as well as
counsel for the complainant. Shri Agrawal, learned counsel for the complainant
submitted that there is specific allegation of causing injury by present appellant
on the head of injured Bachchu by means of farsa and therefore, he is not
entitled for suspension of jail sentence and grant of bail.
Considering the arguments advanced by learned counsel for the parties as
well as the aforesaid facts and circumstances of the case, but without
expressing any opinion on the merits of the case, IA is allowed. It is, therefore,
directed that if appellant no.3 Arvind Singh deposits the entire fine amount, if
not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) to the satisfaction of the trial Court for
appearance before the Registry of this Court on 20th of October, 2023 and on
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 7/5/2023
10:56:50 AM
such subsequent dates as may be fixed in this regard, sentence of imprisonment
awarded to present appellant shall remain suspended till further orders and he
shall be released on bail.
CC as per rules.
(DEEPAK KUMAR AGARWAL)
JUDGE
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 7/5/2023
10:56:50 AM
