Madhya Pradesh High Court
Girani Alias Bhagchand Kushwaha vs The State Of Madhya Pradesh on 10 October, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4271 of 2023
(GIRANI ALIAS BHAGCHAND KUSHWAHA Vs THE STATE OF MADHYA PRADESH)
Dated : 10-10-2023
Shri Rajendra Kumar - Advocate for appellant.
Shri A.N. Gupta - Public Prosecutor for respondent/State.
Heard on I.A.No.6737 of 2023.
2. This is the first application seeking for suspension of sentence and bail
filed on behalf of accused.
3. The appellant has been convicted for the offence punishable under Section
302 of the IPC and sentenced to undergo RI for life and fine of Rs.5,000/- and
further convicted under Section 25(1B)(B) of the Arms Act and sentenced to
undergo RI for 3 years and fine of Rs.2,000/-, with default stipulations as
mentioned in the impugned judgment.
4. T h e case of the prosecution is that on 22.06.2020, the wife of the
complainant had gone for attending to the nature's call and while returning,
accused assaulted her with a sharp edged weapon. The complainant Sanjay
Kumar Vishwakarma has got registered a Dehati Nalishi that about three years
back accused Girani @ Bhagchand Kushwaha was having evil eyes on her wife
and used to annoy her when the complainant forbade Girani, then he issued
threats and create conflict with the complainant, resulting into the present
incident.
5. T he learned counsel for the appellant contends that the appellant is in
custody since 23.06.2020. There is no direct witness to the incident. Appellant
is a person aged about 39 years. There is no motive shown by the prosecution
for committing murder. He has been made accused on the basis of recovery of
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 10/13/2023
3:35:28 PM
weapon/Baka. The appellant was having evil eye on the wife of the complainant.
At the time when his wife was returning after attending to the nature's call, the
appellant inflicted injuries by means of a sharp cutting weapon on his wife i.e.
Ramabai. When she shouted then her husband returned back and it was told by
his wife that the present appellant inflicted injuries by means of Baka. Hearing of
the appeal will take a considerable long time. He is ready to abide by all the
terms and conditions that may be imposed by this Court while considering the
application for suspension of sentence and grant of bail.
6. The State counsel has vehemently opposed the contentions stating that the
motive is reflected from the prosecution story. Injuries are medically
corroborated. Seizure witnesses Panchmal (PW-4) and Manoj (PW-5) have
supported the prosecution story. The postmortem report (Exibit P/19) was
prepared by Dr. Sharyu Ponikar (PW/11) which shows as many as eight injuries
on the body of the deceased by a sharp cutting object. Under these
circumstances, no case for grant of bail is made out. He prays for dismissal of
the application.
7. Considering the overall facts and circumstances of the case as well as
recovery of weapon from the present appellant coupled with the statements of
prosecution witnesses and the medical report showing eight injuries by sharp
cutting object on the body of the deceased, no case for grant of bail is made
out.
8. I.A. No.6737 of 2023 is accordingly rejected.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 10/13/2023
3:35:28 PM
Sha
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 10/13/2023
3:35:28 PM
