Guddu @ Kamal Singh Seni vs State Of M.P.
2023 Latest Caselaw 9727 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                        CRA No. 18 of 2013
                                               (GUDDU @ KAMAL SINGH SENI Vs STATE OF M.P.)

                          Dated : 27-06-2023
                                Shri A.K. Jain - Advocate for the appellant.

                                Ms. Anjali Gyanani- Public Prosecutor for the respondent/State.

Heard on I.A.No.10545/2023, sixth repeat application for suspension of sentence and grant of bail moved on behalf of sole appellant - Guddu alias Kamal Singh Seni.

The appellant stands convicted under Sections 302 of IPC and sentenced to undergo Life Imprisonment with a fine of Rs.500/- with default stipulation vide judgment of conviction and order of sentence dated 9/10/2012 passed by Sessions Judge, Guna, District Guna (M.P.) in Sessions Trial No.74/2012.

As per the report dated 24/06/2023 received from the office of Superintendent, Central Jail, Gwalior, present appellant so far has undergone 11 years, 5 months and 21 days of jail incarceration and with remission, he has undergone 16 years and four months of jail incarceration.

As per prosecution story, the appellant Guddu alias Kamal Singh Seni is

the real brother of Mukesh Seni. Deceased Mamta is wife of Mukesh. Both brothers live adjacent to each other in the same area in the village. On the fateful day i.e. 30/12/2011, over a trivial issue, accused Guddu alias Kamal Singh and deceased Mamta involved themselves in altercation. As a result, accused Guddu alias Kamal Singh is alleged to have caused axe blow on the neck of deceased Mamta that led to her death. On aforesaid allegations, FIR was lodged. Investigation started. Upon completion of investigation, challan was filed. The case was committed to the Sessions Court for trial. The Sessions Court upon Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 6/27/2023 5:00:57 PM

critical evaluation of oral and documentary evidences placed on record including oral testimony of eyewitnesses, convicted and sentenced the appellant as referred above.

Learned counsel for appellant while taking exception to the impugned judgment submits that appellant is innocent and falsely implicated. The trial Court has not appreciated the evidence placed on record in correct perspective. It is further submitted by learned counsel for the appellant that in the obtaining facts and circumstances, it is case of 304 Part I of IPC and not that of 302 of IPC. Even otherwise, appellant has already undergone 11 years and 6 months of jail incarceration. Appellant is a rustic villager. The appeal is of the year 2021

and there is no likelihood of early hearing of this appeal in the near future. Under s uc h circumstances, learned counsel prays for suspension of sentence and grant of bail on behalf of appellant.

Per contra, learned Public Prosecutor for the respondent-State opposes the application supporting the impugned judgment inter alia submitting that looking to the evidence placed on record, it is a case of open and shut and the complicity of the appellant is clear as noon in the day in presence of eyewitness namely Sapna (PW-8). The FSL report is positive. The appellant has caused fatal injuries on the neck of the deceased by axe that led to her homicidal death. Hence, no exception can be taken in the matter of grant of benefit of suspension of sentence to appellant.

Upon hearing learned counsel for the parties, though this Court refrains from commenting upon rival contentions so advanced touching merits of the case but regard being had to the fact that present appellant has already undergone 11 years and 6 months of jail incarceration without remission and

Signature Not Verified that present appeal is of the year 2013 and there is no likelihood of early hearing Signed by: SUNEEL DUBEY Signing time: 6/27/2023 5:00:57 PM

of the appeal, in the obtaining facts and circumstances, sole appellant-Guddu alias Kamal Singh Seni is held entitled for suspension of jail sentence.

Accordingly, I.A.No.10545/2023 is hereby allowed and it is directed that the jail sentence of sole appellant-Guddu alias Kamal Singh Seni shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety i n the like amount to the satisfaction of the trial Court and also subject to deposit of the fine amount (if not already deposited).

The sole appellant-Guddu alias Kamal Singh Seni is directed to mark his appearance before the Registry of this Court first on 29/08/2023 and on other subsequent dates as may be fixed in this behalf.

Accordingly, I.A. No.10545/2023 stands disposed of. Observations on facts, if any, are only for the purpose of deciding the instant I.As. and shall have no bearing on the merits of the appeal.

                                Certified copy as per rules


                            (ROHIT ARYA)                                     (SANJEEV S KALGAONKAR)
                               JUDGE                                                   JUDGE

                          (Dubey)




Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 6/27/2023
5:00:57 PM