Madhya Pradesh High Court
Jadulal Chaudhary vs The State Of Madhya Pradesh on 19 June, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 4688 of 2023
(JADULAL CHAUDHARY AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 19-06-2023
Shri Makbool Ahmad Mansoori - Advocate for appellant.
Shri Ajay Raj Gupta - Panel Lawyer for the respondent/State.
Record of the trial Court has been received.
Heard on the question of admission.
The appeal is admitted for final hearing.
Also heard on I.A.No.6279/2023, which is first application under Section
389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on
behalf of the appellant No.1 Jadulal Chaudhary.
Appellant stands convicted vide judgment dated 28/03/2023 passed in
S.T.No.12/2019 by Additional Sessions Judge, Tehsil Badnagar, District Ujjain
(M.P.) under Sections 307/34 (2 counts) of Indian Penal Code, 1860 and
Section 25(1-B) (b) of the Arms Act and has been sentenced to undergo 07
years RI with fine of Rs.2,500/- (for each count) and 01 year RI with fine of
Rs.500/- respectively with usual default stipulation.
Learned counsel for the appellant submits that appellant Jadulal is an
innocent person and he has been falsely implicated in this matter. Victim Babulal
did not sustain any injury on any vital part o body and as per FSL report no
blood stain was found on the weapon, which was allegedly used by the
appellant in the incident. The incident took place on the land, which belongs to
the appellant and he has every right to protect his property from the trespasser.
There are material contradictions and omissions in the statement of complainant
Ambaram, Babulal and Bhanwarlal. Seizure witnesses have not been examined
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 6/19/2023
7:07:13 PM
by the prosecution. Jail sentence of co-accused/appellant No.3 Gokul
Chaudhary has already been suspended by this Court v i d e order dated
27/04/2023. Looking to old pendency of the cases for consideration, final
conclusion of this appeal would take sufficient long time. There is a strong case
in favour of the appellant. Hence, the execution of the remaining part of the jail
sentence of the appellant be suspended till the final disposal of this appeal.
Per contra, learned counsel for the respondent / State opposes the
application for suspension of sentence and prays for its rejection by submitting
there is sufficient evidence available on record against the present appellant in
respect of the aforesaid offence. Hence, appellant did not deserve for any relief.
Considering all the facts and circumstances of the case, nature of the
allegation levelled against the appellant and from perusal of the statement of
Ambaram (PW-1) and Babulal (PW-2) it appears that allegedly appellant Jadulal
was having a Baka in his hand at the time of incident and he caused injury to
Babulal (PW-2). As per the statement of Dr. Vinod Chaudhary (PW-4),
Babulal sustained five cut injuries over his right thigh and hand and other parts
of the body. The same was also corroborated by Dr. Ashish Patidar (PW-8). A
sharp cutting Baka has also been recovered from the possession of appellant
No.1 Jadulal.
In view of the multiple injuries sustained by the victim Babulal, his
medical report and other evidence available on record, I am of the considered
view that the case of the present appellant is different from the case of co-
accused Gokul, whose jail sentence has been suspended by this Court.
Therefore, in view of the prima facie evidence available on record against
the present appellant, at this stage, this Court is not inclined to allow the
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 6/19/2023
7:07:13 PM
application for suspension of sentence. Accordingly, IA.No.6279/2023 stands
dismissed.
Registry is directed to list the appeal for final hearing in due course.
Certified copy as per rules.
(ANIL VERMA)
JUDGE
Tej
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 6/19/2023
7:07:13 PM
