Madhya Pradesh High Court
Babu @ Thurra Gond vs The State Of Madhya Pradesh on 14 July, 2023
Author: Amar Nath (Kesharwani)
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRIMINAL APPEAL No.2620 of 2023
(SONU @ BHUPENDRA BARGAHI VS. STATE OF M.P.)
&
CRIMINAL APPEAL No.2649 of 2023
(BABU @ THURRA GOND VS. STATE OF M.P.)
Dated : 14-07-2023
Shri Kuldeep Singh - Advocate for the appellant Sonu @
Bhupendra Bargahi in Cr.A.No.2620/2023.
Shri Anil Kumar Dwivedi - Advocate for the appellant Babu @
Thurra Gond in Cr.A.No.2649/2023.
Shri S.K. Kashyap - Government Advocate for the
respondent/State.
Heard on I.A.No.3964/2023, which is the first application for
suspension of sentence and grant of bail filed in Cr.A.No.2620/2023
under Section 389(1) of the Cr.P.C. on behalf of sole appellant Sonu
@ Bhupendra Bargahi and I.A.No.4029/2023, which is the first
application for suspension of sentence and grant of bail filed in
Cr.A.No.2649/2023 under Section 389(1) of the Cr.P.C. on behalf of
sole appellant Babu @ Thurra Gond.
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 7/18/2023
2:34:01 PM
2. The appellants have filed these Criminal Appeals being
aggrieved by the judgment of conviction and sentence dated
30/12/2022 passed by Special Sessions Judge, Shahdol, District
Shahdol in S.T.No.100062/2016, whereby the appellants have been
convicted under Sections 302/34, 201 of the IPC and sentenced them
to undergo R.I. for life with fine of Rs.5,000/- each and R.I. for
seven years with fine of Rs.3,000/- each respectively with default
stipulation.
3. As both the Appeals are arising out of the same judgment of
conviction and sentence, therefore, the interlocutory applications of
both the appellants in these connected Criminal Appeals are heard
together.
4. Learned counsel for the appellants submits that there is no
eyewitness in the case and the prosecution case is based on
circumstantial evidence. Learned trial Court relied on certain weak
circumstantial evidence, but chain of circumstantial evidence is
totally broken in the present case. The conviction and sentence
passed by the learned trial Court is illegal and based on conjectures
and surmises. It is submitted that marg intimation No.69/2015 (Ex.P-
8), was registered at the instance of Smt. Shanti Bai (PW-5) wife of
deceased Jagdish Singh Gond, but in marg intimation (Ex.P-8), it is
mentioned that two boys of the village came to her house and took
her husband with them, but it is not mentioned that it was the
appellants, who came to the house of deceased and took away her
husband with them. It is also submitted that after 22 days of the
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Signed by: ANURAG SONI
Signing time: 7/18/2023
2:34:01 PM
recovery of the dead body, written complaint (Ex.P-12) was filed by
Manmohan Singh Gond son of deceased Jagdish Singh Gond (PW-
6) before the S.H.O. Gohparu, in which suspicion was made on the
appellants for committing murder of his father. On the basis of Ex.P-
12, the FIR (Ex.P-17) was registered on 30/10/2015. It is further
submitted that the witnesses of memorandum and seizure have
turned hostile before the trial Court and did not support the
prosecution case. As per postmortem report (Ex.P-16) there is no
injury on the body of the deceased. There is no evidence of last seen
of the deceased in the company of appellants. Learned counsel
further submitted that the well from where the dead body of the
deceased was recovered, does not belong to the appellants. Learned
counsel further submits that the Patwari who has prepared the spot
map (Ex.P-22) was not examined before the trial Court. The stole
(gamchha) which is said to have been seized from the possession of
appellant Babu @ Thurra Gond, was not identified by the family
members of the deceased during the investigation as well as during
trial to prove the fact that the seized stole (gamchha) belonged to
deceased. Learned counsel further submits that the appellants were
on bail during trial and they never misused the liberty granted to
them. These appeals are of the year 2023 and there is no possibility
of early hearing of these appeals in near future, hence prays for
suspension of sentence and grant of bail to the appellants.
5. Per contra, learned Government Advocate for the
respondent/State opposed the prayer and submits that the appellants
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Signed by: ANURAG SONI
Signing time: 7/18/2023
2:34:01 PM
absconded after recovery of the dead body. Learned counsel also
drew the attention of this Court towards para no.33 of the impugned
judgment and submitted that the trial Court has passed the judgment
after proper appreciation of evidence, that came on record and has
rightly held the appellants guilty for the aforesaid offences, hence
prays for dismissal of the applications.
6. We have heard the rival contentions of the learned counsel for
the parties and perused the record.
7. Considering the facts and circumstances of the case, including
overall evidence available on record, coupled with the fact that the
hearing of these appeals is not possible in near future, without
expressing any opinion on merits, we deem it proper to suspend the
remaining jail sentence of both the appellants. Accordingly, I.A No.
3964/2023 and I.A.No.4029/2023 are allowed.
8. Subject to depositing the fine amount, if not already deposited,
the remaining jail sentence of appellants Sonu @ Bhupendra Bargahi
(Cr.A.No.2620/2023) and Babu @ Thurra Gond
(Cr.A.No.2649/2023), is hereby suspended and it is directed that the
appellants be released on bail on their furnishing a personal bond for
a sum of Rs.50,000/- (Rupees fifty thousand only) each with one
solvent surety each of the like amount to the satisfaction of the trial
Court with a further direction to appear before the concerning trial
Court, Shahdol on 12.09.2023 and also on such other dates, as may
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Signed by: ANURAG SONI
Signing time: 7/18/2023
2:34:01 PM
be fixed by the trial Court in this regard during the pendency of these
appeals.
(SUJOY PAUL) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
as .
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 7/18/2023
2:34:01 PM
