Madhya Pradesh High Court
Tetia vs The State Of Madhya Pradesh on 4 May, 2023
Author: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 9930 of 2019
(TETIA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 04-05-2023
Shri Sanjay Kumar Sharma, learned counsel for the Petitioner No. 1.
Shri Tarun Kushwah, learned Government Advocate for the
respondent/State.
Heard on IA No.509/2023 which is an application filed under Section
389 of Cr.P.C. for suspension of sentence and grant of bail on behalf of
appellant No. 5 Shaitan S/o Jahu.
The appellant has been convicted by Additional Sessions Judge,
Petlawad, District-Jhabua (MP) in ST No.03/2013 vide judgment dated
22.10.2019 under Section 302/149, 147, 148 and 149 of IPC and sentenced to
undergo life imprisonment, 1 year, 1 year and 1 year with fine of Rs. 5000/-,
Rs.1000/- Rs. 1000/-.
As per prosecution story on 08.07.2012, .complainant Bahadur lodged a
report that at about 9:15 am, he was sitting outside his house along with his
brother Akram, mother, sister and wife, at that time Tetia, Munna, Shaitan,
Jamsingh, Valchand came there and started abusing Tetia with filthy language
and when Dhanna objected it, all of them with common intention have started
assaulting Dhanna. Tetia gave sword blow on the head of deceased and
thereafter all the accused who were carrying Sword, Dharia and Stick started
assaulting. Thereafter they fled away from the spot. The other persons who
were present on the spot tried to save the assailants were also assaulted by the
accused persons. Accordingly FIR at crime no.135/2012 has been registered
for the offence punishable under Sections 302, 307, 323, 294, 147, 148, 149 of
Indian Penal Code, 1860. All the accused persons were put to trial after framing
of charges against them and except Jamsingh, all remained in Jail and have
completed nine years of jail sentence.
Learned counsel for the appellants submits that although the deceased
sustained ten injuries by sharp edged weapons but the only injury caused by
accused Tetia on head became fatal. Rest of the injuries were minor in nature
and did not contribute anything to the deceased. Jamsingh has caused the
injury by stick to deceased. Valchand has caused the injury by axe on the
backside which is only skindeep. He has completed nine years of jail sentence
and this appeal is of the year 2019. He has deposited the fine amount and hence
prays for suspension of sentence of appellants.
Per contra, learned counsel for the respondent/State opposes the prayer
by submitting that the accused persons have formed the unlawful assembly they
came to the house of Tetia with a common intention to commit murder due to
previous enmity and they have been rightly convicted under the aforesaid
provisions of law. Hence the appellants are not entitled for grant of suspension
of sentence.
In view of the aforesaid discussion, the application-IA No.509/2023 is
allowed.
It is directed that substantive jail sentence of the appellant No. 5 Shaitan
S/o Jahu shall be suspended subject to his depositing the fine amount (if not
already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand) with one local solvent surety each of the like amount
to the satisfaction of trial Court for their appearance before the Registry of this
Court on 11.09.2023 and on all other subsequent dates as may be fixed by the
Registry in this behalf. Accordingly, IA No.509/2023 stands disposed of.
List the appeal for final hearing in due course.
Certified copy as per Rules
(VIVEK RUSIA) (ANIL VERMA)
JUDGE JUDGE
Vindesh
Digitally signed by VINDESH
RAIKWAR
Date: 2023.05.08 11:39:14 +05'30'
