Apsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 10831 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                     CRA No. 4689 of 2023
                                               (APSINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-07-2023
                                Shri Lokesh Mehta, learned counsel for the appellant.

                                Shri Gaurav Singh Chouhan, learned Government Advocate for the
                          respondent/State.

(1) Heard on I.A.No.4665/2023, which is first application filed under Section 389(1) of the Criminal Procedure Code, 1973 for suspension of jail

sentence and grant of bail filed on behalf of appellant-Apsingh.

(2) The appellant has been convicted vide judgment dated 29.12.2022 passed by the learned II Additional Sessions Judge, Alirajpur, district Alirajpur in S.T.No.72/2019 and sentenced him as under:-

Imprisonment Section & Act Imprisonment Fine in lieu of fine amount

Life 302 IPC Rs.10,000/- 3 Years R.I.

Imprisonment.

506 IPC 3 Years R.I. Rs.2,000/- 6 months R.I.

(3) As per prosecution story, on 27.04.2019 at 1:00 P.M deceased Gyarsibai was on the tube-well to fetch the water, at that time the present appellant came there and abused her as witch lady and during the exchange of some hot words, the appellant picked the stone from there and hurled upon the deceased which caused head injury. The alleged incident was seen by the husband of the deceased Gildar and he lodged the FIR. Accordingly, case has Signature Not Verified Signed by: REENA JOSEPH Signing time: 7/14/2023 6:47:07 PM

been registered against the appellant. After conclusion of trial, the trial Court convicted and sentence the appellant under the aforementioned Sections.

(4) Learned counsel for the appellant submitted that the trial Court has erred in convicting the appellant. He submits that the complainant had seen the occurrence and stated that he saw only one stone picked up by the appellant and hurled upon the deceased Gyarsibai, whereas as per the charge sheet, there were two stones used by the appellant. He further submitted that the trial Court overlooked the evidence of Versingh (PW-2) IDa (PW-3), Vesta (PW-4) and Remta (PW-6) who have not corroborated the statement of the complainant and without corroboration of independent evidence, the trial Court erred in

convicting the appellant. He further submtis that the medical evidence was not corroborated by the eye witness and both the parties had previous enmity and the FIR was lodged with delay. Final hearing of this appeal is not possible in near future. Hence, prays for suspension of jail sentence and grant of bail to the appellant.

(5) Learned Government Advocate for the respondent/State opposes the prayer for suspension of sentence and prays for its rejection.

(6) We have heard the learned counsel for the parties and perused the record.

(7) Considering the facts and circumstances of the case, on perusal of the record, it is found that the complainant Gildar narrated the occurrence and has fully supported the prosecution story which was corroborated by the medical evidence, the prosecution evidence as whole and in view of the material available on record against the appellant, we find that it is not a fit case for suspension of sentence and grant of bail to the appellant.

Signature Not Verified Accordingly I.A.No.4665/2023 stands rejected. Signed by: REENA JOSEPH Signing time: 7/14/2023 6:47:07 PM

Certified copy as per rules.

                               (S. A. DHARMADHIKARI)                 (HIRDESH)
                                        JUDGE                          JUDGE

                          RJ




Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 7/14/2023
6:47:07 PM