Rampal Adivashi vs The State Of Madhya Pradesh
2023 Latest Caselaw 10148 MP

                                                               1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 10493 of 2022
                                      (RAMPAL ADIVASHI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 04-07-2023
                                Shri Sourabh Singh Thakur - Advocate for appellant No.1 Rampal

                         Adivashi.
                                Shri Ajay Shukla - Government Advocate for respondent/State.

I.A. No.6759 of 2023 for suspension of sentence and grant of bail to appellant no.1- Rampal Adivashi arising out of judgment dated 29.10.2022

delivered in Sessions Trial No.52/2017 by Additional Sessions Judge Bareli, District Raisen (M.P.) is taken up.

This appellant no. 1 has been convicted under Section 302/34 of IPC and sentenced to undergo R.I. for life with fine of Rs.1000/- and under Section 201 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.500/- with default stipulation.

Learned counsel for the appellant no.1 submits that as per prosecution story, the father of deceased Netram Adivashi lodged a report on 10.10.2016 at around 12:40 O' clock in Police Station Udaipura that when he went to his

agricultural field, his wife accused Ananti Bai was at home with his minor daughter Alpana. At around 10 O'clock when he came back to his home, Ananti Bai was not there at home. Inside the house, Alpana was lying dead in a burnt condition. The death of Alpana was homicidal in nature.

After about six months, complainant Netram Adivashi lodged another written application on 19.04.2017 (Exhibit P/5) stating that the appellant was also involved in the commission of crime. Learned counsel for the appellant by taking this Court to Para - 40 of the impugned judgment submits that the Court Signature Not Verified Signed by: VAISHALI TRIPATHI Signing time: 7/4/2023 6:54:32 PM

below clearly opined that there are no eye witnesses to the incident. The eye witnesses have turned hostile. Thereafter, in paragraph 40 and paragraph 60 and 61 the Court below gave an ambiguous finding that appellant is guilty. The said finding is based on so called last scene theory. However, the Court below has not taken pains to give a finding as to who is the said prosecution witness who had last seen the appellant with the deceased. The finding of Court below is based on memorandum statement of appellant recorded under Section 27 of Indian Evidence Act. The said statement in toto is not admissible because same is taken in police custody. If the entire statement is taken into account to hold the appellant as guilty, it runs contrary to Sections 25 & 26 of Indian Evidence

Act. The finding of Court below is based on surmises and conjunctures. In absence of any clinching evidence, the conviction deserves to be interfered with.

Final hearing of this matter is not possible in near future. Thus, remaining jail sentence of appellant no.1 may be suspended.

Learned Government Advocate for the State opposed the prayer for suspension of remaining jail sentence and grant of bail on the basis of objection.

We have heard the parties at length and perused the record. Considering the aforesaid factual backdrop and without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of appellant no. 1.

Accordingly, I.A. Nos.6759 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant no.1- Rampal Adivashi is hereby suspended and it is directed that this appellant no.1 be released on bail on her

Signature Not Verified Signed by: VAISHALI TRIPATHI Signing time: 7/4/2023 6:54:32 PM

furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court Bareli, District Raisen on 25th September 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

                         VPA




Signature Not Verified
Signed by: VAISHALI
TRIPATHI
Signing time: 7/4/2023
6:54:32 PM