Madhya Pradesh High Court
Bhagchand vs The State Of Madhya Pradesh on 8 November, 2023
Author: Rohit Arya
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 9154 of 2019
(BHAGCHAND AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 08-11-2023
Shri A.R. Shivhare - Advocate for the appellant.
Shri A.K. Nirankari - Public Prosecutor for the State.
Heard on I.A.No.18608 of 2023, third repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant No.3-Kalawati.
Appellant alongwith three accused persons stand convicted under
Sections 302 and 201 of the IPC and sentenced to undergo imprisonment for
life and 03 years with a fine of Rs.1,000/- and Rs.1,000/- respectively with
default stipulation vide judgment o f conviction and order of sentence dated
19.09.2019 passed by Special Judge, Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, District Morena (M.P.) in Sessions Trial No.04
of 2016.
As per prosecution story, the deceased - Mala was married to co-
accused Lakhan. One Kotwar Makhan of village Khaneta, S/o Vishambhar
Srivas of village Khaneta informed the Police Station Civil Lines, Morena on
18.09.2015 that in a well of one Munna Lal Sharma of village Khaneta, a dead
body tied in a sack was drowned and bad odour spread therefrom. The dead
body appears to be of a lady. On such information, Merg Intimation No.50 of
2015 was registered. The dead body was recovered and panchnama was
prepared. The dead body found to be of a female aged about 30-35 years,
thereafter, post-mortem was conducted whereunder it was found that she was
first killed and thereafter her dead body was thrown in a well tied in a sack.
Signature Not Verified
Signed by: SANJEEV
KUMAR PHANSE
Signing time: 11/9/2023
1:17:03 PM
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Accordingly, the Crime Case No.525 of 2015 was registered under Sections
302 of IPC and 201 of the IPC. During investigation, it was found that one
missing report was filed in Gwalior wherein the deceased Mala, W/o co-
accused Lakhan Singh, was reportedly missing since 13.09.2015. Mamta and
Suryamukhi, sisters-in-law of deceased Mala and her relatives Laxman Kirar and
Lala @ Satish identified the clothes, saree, bangles, payal and photo of
deceased Mala at the Police Station Morena as belongings of the deceased
Mala, W/o co-accused Lakhan. During investigation, further facts came on
surface that the deceased had only baby girls and co-accused Lakhan, mother-
in-law Kalawati (present appellant) and brother-in-law Bhagchand were all after
her to give birth to a baby boy. She was humiliated and tortured for not having
a baby boy. She was forced to undergo black magic under some tantrik so that
she may give birth to a baby boy. She was last seen going with co-accused
Bhagchand and thereafter, her dead body was found in a sack drowned in a
well. Her gold earnings were recovered from co-accused Bhagchand and her
slippers are said to have been recovered at the instance of co-accused Motiram.
Challan was filed. The case was committed for Sessions Trial. The Sessions
Court upon critical evaluation of evidence placed on record has convicted and
sentenced the present appellant with another co-accused persons as aforesaid.
Shri R.K. Sharma, learned Senior Counel for appellant while taking
exception to the impugned judgment inter alia submits that the present
appellant is the mother-in-law of deceased Mala. He further submits that trial
Court has not appreciated the evidence placed on record in correct perspective.
The judgment suffers from surmises and conjectures. She has falsely been
implicated in the instant case. Even otherwise, the appellant is a lady and has
Signature Not Verified
already undergone about 08 years of actual sentence and there is no likelihood
Signed by: SANJEEV
KUMAR PHANSE
Signing time: 11/9/2023
1:17:03 PM
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of early hearing of the appeal in the near future. Moreso, benefit of suspension
of sentence has already been extended to co-convicted appellant namely
Motiram on 23/06/2023 in connected Criminal Appeal No.8953/2023. Hence,
learned counsel for appellant prays for suspension of sentence and grant of bail
to present appellant in the obtaining facts and circumstances.
Per contra, Shri A.K. Nirankari, Pubic Prosecutor for respondent/State
opposes the application and prays for its rejection with submission that looking
to the nature and gravity of offence, no exception can be taken to the impugned
judgement in the matter of grant of benefit of suspension of sentence to present
appellant.
Upon hearing learned counsel for the parties, though this Court is not
inclined to grant benefit of suspension of sentence to present appellant on
merits, but regard being had to the fact that the present appellant is a lady and
has already undergone about 8 years of actual jail sentence and that co-accused
person namely Motiram has already been extended benefit of suspension of
sentence by this Court vide order dated 23/06/2023 passed in connected
Criminal Appeal No.8953/2019 coupled with the fact that the appeal is of the
year 2019 and there is no likelihood of early hearing of the appeal, this Court is
of the view that present appellant No.3-Kalawati is entitled to the benefit of
suspension of sentence and grant of bail.
Accordingly, IA No.18608/2023 stands allowed and it is directed that
the jail sentence of appellant No.3-Kalawati shall remain suspended during
pendency of the present appeal and she shall be released on bail subject to
verification of the factum of depositing the fine amount and on her furnishing a
personal bond in the sum of Rs.1,50,000/- (Rupees One Lac Fifty
Signature Not Verified
Signed by: SANJEEV
KUMAR PHANSE
Signing time: 11/9/2023
1:17:03 PM
Thousand only) with one solvent surety in the like amount to the satisfaction of
the Trial Court. She is directed to appear before the Registry of this Court first
on 08/01/2024 and thereafter, on other subsequent dates as may be fixed in
this behalf.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
A copy of this order be sent to the concerned Court below for
compliance.
Certified copy/ e-copy as per rules/directions.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
(Dubey)
Signature Not Verified
Signed by: SANJEEV
KUMAR PHANSE
Signing time: 11/9/2023
1:17:03 PM
