Madhya Pradesh High Court
Rumal Singh Kataria vs The State Of Madhya Pradesh on 25 July, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 3470 of 2023
(RUMAL SINGH KATARIA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 25-07-2023
Shri Deependra Raghuvanshi-Advocate for appellants.
Shri G.S.Chauhan-Panel Lawyer for respondent/State.
Heard on I.A. No.12208/2023, which is first application under Section
389(1) of Cr.P.C. moved on behalf of appellant No.3- Sanjeev Kataria.
Appellant No . 3 stands convicted under Section 302/149 IPC and
sentenced to undergo life imprisonment with fine of Rs.500/- and under Section
147 IPC and sentenced to undergo one month's RI with fine of Rs.100/- with
default stipulations vide judgment of conviction and order of sentence dated
07.04.2021 passed by the Second Additional Sessions Judge, Mungaoli,
District Ashoknagar (Madhya Pradesh) in Sessions Trial No.181/2012.
A s per prosecution story, over a trivial issue of grazing of cattle, a
dispute arose between the complainant party and accused persons. However,
after heated exchange between the parties, Mohar Singh rushed to his house and
came back with Naval armed with lathi. Babbu, Sanjeev (present appellant),
Rumal , Bharat Singh, Bhura, Gulab Singh and Panjab Singh also came on the
spot followed by Kamtabai and Anitabai. Babbu, Rumal and Bharat alleged to
have slapped the deceased and Naval assaulted the deceased-Rakesh with lathi
hitting on his waist. Thereafter, Mohar Singh was found to have caused
forehead injury with lathi resulting into his death. On the aforesaid allegations,
FIR was lodged. After completion of investigation, charge sheet was filed and
the case was committed to the Sessions Court. The Sessions Court upon
critical evaluation of the evidence placed on record has convicted and
sentenced the appellant as referred above.
Learned counsel for appellants while taking exception to the impugned
judgment of conviction and order of sentence submits that appellant No.3-
Sanjeev Kataria is innocent and has falsely been implicated. The Sessions Court
did not appreciate the relevant piece of evidence. The judgment is based on
surmises and conjectures. No specific overt act is alleged against appellant
No.3-Sanjeev Kataria. Moreso, similarly situated co-appellant Rumal Singh
Kataria and co-convicts in Cr.A.No.2993/2021 Gulab Kataria, Babulal @ Babbu
and Bharat Singh Kataria have since been extended the benefit of suspension of
sentence and grant of bail vide orders dt.15.06.2023, 06/02/2023, 21.01.2022
and 06.01.2023, the appellant claims parity in treatment. On such grounds,
learned counsel prays for suspension of sentence and grant of bail.
Per contra, learned counsel for the respondent-State opposes the
application with submission that no fault can be found with the conviction
ordered by the Sessions Court under Section 302 read with 149 of IPC as all
the accused persons with common object had assaulted the deceased resulting
into homicidal death. Thus, no exception can be taken in the matter of grant of
suspension of jail sentence to appellant No.3-Sanjeev Kataria.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, regard being had to the fact that no specific overt act has been attributed
to appellant No.3-Sanjeev Kataria; and Moreso, similarly situated co-appellant
Rumal Singh Kataria and co-convicts in Cr.A.No.2993/2021 Gulab Kataria,
Babulal @ Babbu and Bharat Singh Kataria have since been extended the
benefit of suspension of sentence and grant of bail vide orders dt.15.06.2023,
06/02/2023, 21.01.2022 and 06.01.2023, we see no reason as to why the benefit
of bail should not be given to appellant No.3-Sanjeev Kataria.
Accordingly, we allow the application and it is directed that the jail
sentence of appellant No.3-Sanjeev Kataria shall remain suspended during
pendency of present appeal and he be released on bail on his furnishing a
personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one
solvent surety in the like amount to the satisfaction of the trial Court subject to
verification of factum regarding deposit of fine amount. Appellant No.3-Sanjeev
Kataria i s directed to appear before the Registry of this Court first on
25.09.2023 and on other subsequent dates as may be fixed in this behalf.
Accordingly, I.A. No.12208/2023 stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
SP
SANJEEV
KUMAR PHANSE
2023.07.26
10:48:08 +05'30'
