Madhya Pradesh High Court
Shambhu Singh Gond vs The State Of M.P. on 21 March, 2023
Author: Sheel Nagu
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4368 of 2020
(SHAMBHU SINGH GOND AND OTHERS Vs THE STATE OF M.P.)
Dated : 21-03-2023
Per Virender Singh, J.
Shri Abhishek Tiwari - Advocate for the appellants.
Shri Pramod Pandey - Public Prosecutor for the respondent-State.
I.A. No.20567/2022 which is the second application filed under Section
389(1) of CrPC for suspension of sentence on behalf of applicant No.4 namely
Nandu @ Manish Singh Gond who has been convicted under Section 302 r/w
Section 34 of IPC and awarded punishment for life imprisonment and fine of
Rs.2000/- with default stipulation, is taken up.
2. More or less on the similar grounds, the applicant has come again
before this Court for suspension of custodial sentence. His earlier similar
application has been dismissed as withdrawn after arguing at length vide order
dated 18.01.2021.
3. Discrepancies appeared in the ocular and medical evidence, statement
of Dr. Ajit Singh (PW12) that the deceased died due to shock i.e. critical
condition brought about by sudden drop of blood flow through the body as a
result of cardio-respiratory failure or cardiac arrest, circumstances emanated in
the statements of the prosecution witnesses that after the incident, the deceased
came back home, went to sleep, then woke up and had food and again went to
sleep, statement of Shivcharan (PW6) who is the sole eyewitness and has not
named the applicant and the circumstances which, according to the applicant,
bring his case into one under Section 304 Part I of IPC have been pressed into
service this time.
Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 3/23/2023
10:29:28 AM
4. The ld. counsel for the applicant placed reliance upon paras 50-58 of
the decision rendered in Rupinder Singh Sandhu vs State of Punjab (2018)
16 SCC 475.
5. Per contra, the ld. Public Prosecutor has opposed the prayer. He
referred to the injury report showing several ante-mortem injuries to the
deceased and also a clear, firm and unrebutted opinion of Dr. Ajit Singh that the
death of the deceased was homicidal in nature. He also reiterated the contention
of the ld. counsel for the applicant that there was no previous enmity between
the parties and submitted that there was no reason for the complainant to
implicate the applicant falsely. He further referred to the oral dying declaration
of the deceased made before his wife and submitted that it doesn't suffer with
any contaminating element and for which the applicant has not offered any
explanation and has not pointed out anything to make it suspicious or
unbelievable, particularly when there is no allegation of bias, malice and
animosity. He drew our attention to the seizure of rope from the applicant and
presence of injury on the neck of the deceased which, in the opinion of the
doctor, may be caused by such rope. He also took us to the statements of
Shivcharan (PW6) and Mahendra (PW3) and its appreciation in paras 16-19 of
the impugned judgment to the effect that it establishes the narration of the
prosecution that they along with the deceased had gone to the house of one of
the co-accused and that there four persons beat him when he asked for his
wages and prayed for dismissal of the application.
6. We have considered rival contentions and have gone through the
record.
7. On careful consideration of the opinion of the doctor regarding nature
Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 3/23/2023
10:29:28 AM
of the death that it was homicidal, absence of any explanation, dying declaration
made by the deceased before his wife and evidence that the incident took place,
we are still not convinced and are not inclined to allow the suspension of
sentence to the applicant. Therefore, I.A. No.20567/2022 is dismissed.
8. Being an admitted appeal, list for final hearing in due course.
(SHEEL NAGU) (VIRENDER SINGH)
JUDGE JUDGE
vinod
Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 3/23/2023
10:29:28 AM
