Madhya Pradesh High Court
Narayan Singh Gaur vs The State Of Madhya Pradesh on 21 November, 2023
Author: Hirdesh
Bench: Hirdesh
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5956 of 2023
(NARAYAN SINGH GAUR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 21-11-2023
Shri Jayant Neekhra - Advocate for the appellants.
Shri P.N.Verma - Panel Lawyer for the State.
Shri Sourabh Singh Thakur - Advocate for the objector.
Considered I.A.No.10736/2023, which is first application under section
389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of
appellants No.1 & 2, namely, Narayan Singh Gaur & Anil Gaur respectively.
Vide impugned judgment dated 20.4.2023 passed by the Additional
Sessions Judge to the Court of First Additional Sessions Judge, Begumganj,
District Raisen in S.T.No.180/2021 the appellants/applicants No.1 & 2
convicted for offences under sections 307/34 (on two counts) and 323/34 of
IPC and sentenced to undergo R.I. for 07 years (on each count) & 01 year
with fine of Rs.1000/- (each count) & Rs.500/- respectively.
Learned counsel for the appellants submitted that appellants are innocent
and have been falsely implicated in the crime in question. The trial Court has
wrongly appreciated the material placed on record and committed error in
convicting the appellants for alleged offences. The prosecution witnesses have
improved their statements before the trial Court and hence, they are not
trustworthy. The trial Court has wrongly relied upon their statements. The
complainants family were aggressor and assaulted appellant, Sheela Bai and Anil
causing grievous injuries. The trial Court has failed to appreciate the injuries
sustained which were caused by hard and blunt object and none of the injuries
have been opined by the Doctor to be dangerous to life. As per FSL report
(Exhibit-P/26) Article-C 'lathi' has been seized from appellant-Narayan Gaur and
as per chemical analysis human blood is found on Articles D, E-1 & E-2,
therefore, participation of appellant-Narayan ought to have been held doubtful.
The appellant is in custody for last more than two and half years. In support of
aforesaid contention, learned counsel has placed reliance on the decision in the
case of Ahmed Ali and others Vs. State of Tripura, [Criminal Appeal
No.50/2003 decided on 29.4.2009]. Hence, prayer has been made suspend the
jail sentence of appellants and grant them bail.
Learned counsel for the State has strongly opposed the prayer.
After hearing learned counsel for the parties and perusing the record of
the trial Court and considering the evidence of PW.1 & PW.2 as also the
medical evidence, this Court is of the opinion that this is not a fit case for
suspension of sentence and grant of bail to appellants/applicants. Hence, prayer
stands rejected.
I.A.No.10736/2023 is dismissed.
(HIRDESH)
JUDGE
RM
