Dharmu vs The State Of Madhya Pradesh
2023 Latest Caselaw 16373 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 810 of 2017
                                          (DHARMU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 05-10-2023
                                Shri Mithilesh Prasad Tripathi - Advocate for appellant.

                                Shri Yogesh Dhande - Public Prosecutor for respondent/State.

Heard on I.A. No.14874 of 2022.

2. This is second application for suspension of sentence and grant of bail on behalf of appellant No.1 - Dharmu who has been convicted under Sections

302 of the Indian Penal Code and sentenced to undergo R.I. for life and fine of Rs.100/- with default stipulation vide impugned judgment of conviction and order of sentence dated 21.01.2013 passed by the learned 1st Additional Sessions Judge, Burhanpur in S.T. No.58 of 2016. The first application was dismissed as withdrawn vide order dated 10.07.2018

3. The case of the prosecution is that on 11.04.2016 between 14.00 hours to 14.15 hours the accused who is the husband of the deceased due to a dispute, poured kerosene and lit her on fire. She sustained 100% burn injuries. Based on the information a case was registered at Crime No.95 of 2016 for the offence

under Section 307 read with 34 of the IPC initially, and after the death of the deceased, it was altered to Section 302 of the IPC.

4. The case of the accused is that when Asharam Beldar the maternal uncle of the appellant/accused No.1 exhorted the accused to put kerosene, he having listened to the same, thereafter poured kerosene. Hence, we do not find any ground to enlarge the appellant on bail.

5. The secondary contention is that he has already undergone custody of about seven and a half years. However, considering the gruesome manner in Signature Not Verified Signed by: LORETTA RAJ Signing time: 10/6/2023 12:17:03 PM

which the offence has been committed where he has committed the murder of his own wife having set her on fire and she having sustained 100% burn injuries, we do not think that the same would not fall into any one of the exceptions as carved out by the Hon'ble Supreme Court vide order dated 05.10.2021 passed in SLP (Criminal) No.4633 of 2021 (Saudan Singh vs. The State of U.P. and others). Hence, the period of custody is of no avail to the appellant.

6. Accordingly, I.A. No.14874 of 2022 is dismissed.

                                    (RAVI MALIMATH)                                   (VISHAL MISHRA)
                                      CHIEF JUSTICE                                        JUDGE

                          Loretta




Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 10/6/2023
12:17:03 PM