Ramswaroop vs The State Of Madhya Pradesh
2023 Latest Caselaw 16741 MP

                                                               1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                        CRA No. 858 of 2014
                                          (RAMSWAROOP AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-10-2023
                                 Shri Sushil Goswami- learned counsel for the appellant No.2-Preetam

                           Singh.
                                 Shri Rajesh Shukla-AAG for respondent/State.

Heard on I.A. No.11061/2023, which is the third repeat application under Section 389 (1) of Cr.P.C. seeking suspension of sentence and grant of

bail moved on behalf of appellant No.2-Preetam Singh. His first and second applications were dismissed as withdrawn vide orders dated 26/04/2019 & 21/03/2023 respectively.

Appellant No.2-Preetam Singh stood convicted under Sections 148, 302/149 of IPC and sentenced to undergo One Year's RI with a fine of Rs.1000/- and Life Imprisonment with fine of Rs.5,000/- with default stipulations vide judgment of conviction and order of sentence dated 16/07/2014 passed by Sessions Judge, Datia (M.P.) in Sessions Trial No.20/2014.

Initially challan was filed against seven persons namely Bhagwan Singh (Appellant No.3), Balveer, Dangal Singh, Rajendra Singh, Ramswaroop (Appellant No.1), Preetam Singh (Appellant No.2) and Kalyan Singh. However, no charges were framed against Kalyan Singh & Ravindra Singh. Dangal Singh (Appellant No.2 in connected Criminal Appeal No.871/2014), Ramswaroop (Appellant No.1) & Bhagwan Singh (Appellant No.3) have already been extended benefit of suspension of sentence by this Court vide orders dated 2/2/2023, 9/9/2022 & 2/2/2023 respectively.

Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 10/11/2023 1:39:45 PM

Appellant No.2-Preetam Singh, so far, has undergone about 10 years of jail sentence.

As per prosecution story, Rajendra Singh (since dead) was heading towards Datia on the motorcycle along with his brother/complainant Mahipal Singh, the pillion rider. On the way, near the platform of Thakurbaba at village Ajeetpura, present appellant Preetam Singh armed with toplik (an instrument of the tractor made of iron) along with Balveer, Ramswoop, Kalyan Singh, Dangal Singh, Bhagwan Singh armed with lathi and Ravindra Singh armed with katta (country-made pistol) met them. Accused Balveer is alleged to have inflicted lathi blow to Rajendra Singh, as a result of which he fell down on the ground.

Thereafter, present appellant Preetam Singh caused head injury to deceased Rajendra Singh by means of toplik. Other co-accused persons are alleged to have caused injuries on his head and other parts of the body by lathis. Present appellant Preetam had trampled deceased Rajendra Singh by running tractor over his head. As a result, deceased Rajendra Singh died homicidal death. On the basis of the aforesaid allegations, FIR was registered. During the course of investigation, statements under Section 161 Cr.P.C. of different witnesses were recorded. Dr. P.K. Sharma (PW-4) who conducted the postmortem on the body of the deceased Rajendra Singh found nine injuries on the body of the deceased and the cause of death was shown to be homicidal death due to injuries sustained by the deceased. Upon completion of investigation, charge- sheet was filed before JMFC Bhander, District Datia where-from the case was committed to the Sessions Court for trial. The Sessions Court, upon critical evaluation of the evidence available on record and recording of statements, convicted and sentenced the present appellant Prettam Singh as referred above.

Signature Not Verified Learned counsel for the present appellant Preetam Singh while taking Signed by: SUNEEL DUBEY Signing time: 10/11/2023 1:39:45 PM

exception to the impugned judgment albeit submitted that the learned Sessions Judge has committed serious illegality while convicting the present appellant and the judgment impugned suffers from perversity of approach as the same is based on surmises and conjectures. Relevant piece of evidence has been ignored. It is further submitted that jail sentence of similarly placed co-accused Ramswaroop (Appellant No.1), Bhagwan Singh (appellant No.3) and Dangal Singh (Appellant No.2 in connected Cr.A. No.871/2014) have already been suspended by this Court vide order dated 09/09/2022, 02/02/2023 & 02/02/2023 respectively. The present appellant Preetam Singh has already undergone incarceration for about 10 years. The appeal is of the year 2014 and there is no likelihood of early hearing of this appeal in the near future. Hence, he prays for suspension of sentence and grant of bail on behalf of appellant No.2- Preetam Singh.

Per contra, learned Public Prosecutor for the respondent/State while supporting the impugned judgement submits that the present appellant Preetam Singh is the main accused who caused grievous injuries by means of toplik on the head of the deceased which resulted into the homicidal death of the deceased. The Sessions Judge, after critical evaluation of the evidence available on record, has rightly convicted and sentenced the present appellant along with other co-accused persons. Hence, no exception can be taken in the matter of

suspension of sentence and grant of bail to appellant No.2-Preetam Singh.

Upon hearing learned counsel for the parties, though this Court refrains from commenting on rival contentions touching merits of the case, but regard being had to the fact that jail sentence of similarly placed co-accused Ramswaroop (Appellant No.1), Bhagwan Singh (appellant No.3) and Dangal Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 10/11/2023 1:39:45 PM

Singh (Appellant No.2 in connected Cr.A. No.871/2014) have already been suspended by this Court vide order dated 09/09/2022, 02/02/2023 & 02/02/2023 respectively coupled with the facts that he has already undergone incarceration of about 10 years, the appeal is of the year 2014 and there is no likelihood of early hearing of this appeal in the near future, in the obtaining facts and circumstances, we deem it fit to allow the instant application suspending the remaining part of jail sentence of appellant No.2-Preetam Singh.

Accordingly, it is directed that the jail sentence of appellant No.2- Preetam Singh shall remain suspended and he shall be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lac only) with one solvent surety in the like amount to the satisfaction of the Trial Court. Appellant No.2-Preetam Singh is directed to appear before the Registry o f this Court first on 12/12/2023 and on other subsequent dates as may be fixed in this behalf.

Accordingly, I.A. No.11061/2023 stands allowed and disposed of. Observations on facts, if any, are only for the purpose of disposal of the instant application for suspension of sentence and shall have no bearing on the merits of the appeal.

Certified copy as per rules.

                              (ROHIT ARYA)                                  (AVANINDRA KUMAR SINGH)
                                 JUDGE                                               JUDGE

                           (Dubey)




Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 10/11/2023
1:39:45 PM