K.P. vs The State Of Madhya Pradesh
2023 Latest Caselaw 3992 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 327 of 2016
                                             (K.P. AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-03-2023
                                 Shri Ashok Jain - Advocate for appellants.

                                 Smt. Anjali Gyanani - Government Advocate for respondent/State.

This is the sixth application for suspension of sentence and bail filed on behalf of accused No.1 - K.P. Singh, who has been convicted under Section 326-A (three counts) of the Indian Penal Code and sentenced to R.I. for Life

with fine of Rs.10,000/-, in default R.I. for six months in respect of victim Naval and R.I. for 10 years with fine of Rs.1,000/-, in default R.I. for one month each in respect of victims Shantibai and Jyoti, vide impugned judgment dated 10.03.2016 passed by Additional Sessions Judge, Pichhor, District Shivpuri in S.T. No.143 of 2015. The earlier applications of this appellant have been dismissed as withdrawn.

The case of the prosecution is that on 24.3.2015, complainant - Dabbu Adivasi accompanied by victims Naval Adiwasi and Shanti Bai came to the police station and verbally made a report to the effect that tonight he was

sleeping in his house. Adjacent to his house, his nephew Naval was sleeping in a hut outside his house and Shanti Bai was sleeping inside the room. At about 3 O'clock in the night, on hearing the cries of Naval and Shanti Bai he reached the place of occurrence and saw two people running away from the scene. He found Naval and Shanti Bai in burnt condition. Naval had acid assault burns on his face, chest, back and neck and Shanti Bai on her right hand, ribs and back. Due to acid burns their skins had come off at various places. Naval told that two unknown persons have thrown acid on them. Naval and Shantibai are not in Signature Not Verified Signed by: PREM SHANKAR MISHRA Signing time: 17-03-2023 08:08:13 PM

a position to speak. Thereupon, Crime No.86 of 2015 was registered at Police Station Bhaunti against two unknown persons for the offence under Section 326-A/34 of the I.P.C. and the investigation was taken up. After investigation charge-sheet was filed against the present appellants. The evidence of injured Naval Singh was also recorded, wherein he clearly implicates the appellants stating that acid was thrown by accused K.P. Singh as well as by co-accused Manoj. Hence, on trial, they were convicted.

On considering the contentions, we do not find any ground to enlarge the appellant on bail. The gruesome manner in which the offence was committed, does not entail the appellant to be enlarged on bail. The contention of the

appellant is that he has undergone the sentence of 7 years 11 months and 5 days as on 04.03.2023, therefore, on this ground he is entitled to be released on bail. Even on considering the period of detention, we do not find that it can constitute a ground in order to release the person on bail for having undergone at least fifty percent of the sentence. The manner in which the offence has been committed also has to be taken into consideration. This is a gruesome act committed by the appellants by throwing acid on the victims. The victims have supported the case of the prosecution. Hence, we find no good ground to allow the application. I.A. No.7773 of 2022 is dismissed.

No ground to hear the appeal out of turn is made out. Hence, I.A. No.7775 of 2022 for early hearing is dismissed.

                                 (RAVI MALIMATH)                             (MILIND RAMESH PHADKE)
                                   CHIEF JUSTICE                                      JUDGE
                           PSM




Signature Not Verified
Signed by: PREM SHANKAR
MISHRA
Signing time: 17-03-2023
08:08:13 PM