Madhya Pradesh High Court
Latoor Alias Ramkailash vs The State Of Madhya Pradesh on 31 July, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 11073 of 2019
(LATOOR ALIAS RAMKAILASH Vs THE STATE OF MADHYA PRADESH)
Dated : 31-07-2023
Shri Pawan Kumar Vijaywargiya- Counsel for appellant.
Dr. Anjali Gyanani- Public Prosecutor for respondent- State.
Shri Ashirbad Dwivedi- Counsel for complainant.
Per Justice Deepak Kumar Agarwal:-
Heard on IA.No.1006 of 2023, third application u/Sec. 389(1) of
Cr.P.C. for suspension of sentence and grant of bail filed on behalf of sole
appellant Latoor alias Ramkailash. First and second suspension applications
were dismissed as withdrawn.
Vide judgment dated 21-12-2019 passed by Sessions Judge, District
Sheopur in Sessions Trial No.10 of 2019, the appellant has been convicted
under Section 148 of IPC and sentenced to undergo two years RI with fine of
Rs.2,000/-, life imprisonment with fine of Rs.10,000/- under Section 302 read
with Section 149 of IPC, ten years RI with fine of Rs.10,000/- under Section
449 of IPC, three months RI with fine of Rs.1,000/- under Section 323 read
with Section 149 of IPC and two years RI with fine of Rs.2,000/- under Section
324 read with Section 149 of IPC with default stipulations. All the sentences
have been directed to run concurrently.
Prosecution story, in brief, is that on 08-11-2018 at around 02:20 pm,
complainant Harishankarlal Meena (PW1) lodged a dehati nalishi in an injured
condition from the Emergency Ward, District Hospital Sheopur to Shri Punnu
Singh Paraste, Superintendent of Police (Trainee) Police Reserve Centre Dehat,
District Sheopur alleging therein that Ramveer armed with axe, Shambhu
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 8/1/2023
10:35:12 AM
Gurjar and Balram armed with Gadasi, Devnarayan, Omprakash and Dhanpal
armed with lathi, Rambharat and Latoor armed with farsi, Rajendra and
Sukhdev armed with gadasi and Radheyshyam armed with ballam entered his
house due to old enmity. His wife, daughter and sons Yogesh, Pawan and
Jaswant were present in the house. Ramveer and Balram inflicted gadasi blows
on his son Yogesh on his left side of his throat by which he fell down on the
ground. Shambhu, Devnarayan, Latoor, Omprakash, Rambharat, Radheshyam,
Rajendra Sukhdev and Dhanpal unitedly committed marpeet with his son Pawan
by means of gadasi, axe and lathi due to which his son Pawan also sustained
injuries on various parts of his body. Dhanpal again inflicted a lathi blow near
his left eye as a result of which blood started oozing out. On hearing his cries,
Jaswant, his wife, his daughter and persons were present at his house and
Pushpraj, Mahavir and Umesh of village saw the incident and saved them.
Shambhu ran away without any reason. He along with his son Yogesh and
Pawan were brought to the hospital in a jeep for treatment where the doctor
declared Yogesh dead. On the basis of aforesaid dehati nalishi merg no.0 of
2018 was registered. Crime was registered for offence under Sections 452, 323,
147, 148, 307, 302 of IPC. Postmortem of deceased Yogesh was conducted.
Matter was investigated. Spot map was prepared as well as blood-stained and
plain soil were collected. Statements of witnesses were recorded. Accused were
arrested. After completion of investigation and other formalities, charge sheet
was filed before the competent Court from where the case was committed to
the Sessions Court for its trial. After appreciating the prosecution evidence, the
trial Court after conclusion of trial convicted and sentenced the present
appellant along with other co-convicted vide impugned judgment.
Signature Not Verified
Learned counsel for the present appellant submits that the incident took
Signed by: MAHENDRA
BARIK
Signing time: 8/1/2023
10:35:12 AM
place due to previous enmity between accused party and complainant party. As
per allegations, although appellant Latoor was armed with a farsi on the spot but
he did not cause any injury to deceased Yogesh. Only two injuries sustained by
complainant injured Hari Shankar (PW1) were simple in nature. There is no
specific over act attributed to the present appellant. The injury sustained by
injured Pawan alleged to be caused by present appellant has not been duly
corroborated by medical evidence. The trial Court committed an illegality in
convicting and sentencing the present appellant for alleged offences. It is further
contended that appellant Latoor alias Ramkailash remained in custody during
trial for a period of 233 days and from the date of passing of impugned
judgment he is in custody, i.e. he has already served near about four years three
months jail incarceration. The appellant has a good case on merits. The appeal
is of the year 2019 and its final outcome will take some time. Hence, prayed for
suspension of jail sentence and grant of bail.
Learned counsel for the State as well as complainant opposed the
application and prayed for its rejection.
Considering the facts and circumstances of the case, but without
commenting upon the merits of the case, IA deserved to be and is hereby
allowed and it is directed that jail sentence of appellant will remain under
suspension subject to verification that amount of fine has been deposited, on
appellant's furnishing bail bond of Rs.50,000/- (Rupees fifty thousand only)
with one solvent surety of the like amount to the satisfaction of concerned Trial
Court for appearance before the Principal Registrar of this Court on 15th
December, 2023 and on such further dates as may be fixed by the Office in
this regard till disposal of appeal.
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 8/1/2023
10:35:12 AM
Aforesaid IA stands closed.
Certified copy as per rules.
(ROHIT ARYA) (DEEPAK KUMAR AGARWAL)
JUDGE JUDGE
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 8/1/2023
10:35:12 AM
