Madhya Pradesh High Court
Ramveer Gurjar vs The State Of Madhya Pradesh on 25 October, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 711 of 2020
(RAMVEER GURJAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 25-10-2023
Shri Pawan Vijaywargiya- Advocate for appellants.
Dr. Anjali Gyanani- Public Prosecutor for respondent- State.
Heard on IA.No.15011 of 2023 & I.A. No.15957/2023, first
applications u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of
bail filed on behalf of appellant No.6-Dev Narayan Gurjar & appellant
No.4-Sukhdev Gurjar respectively.
Vid e judgment dated 21-12-2019 passed by Sessions Judge, District
Sheopur in Sessions Trial No.10 of 2019, appellants No.4&6 have been
convicted under Section 148 of IPC and sentenced to undergo two years RI
with fine of Rs.2,000/-, under Section 302 read with Section 149 of IPC and
sentenced to undergo life imprisonment with fine of Rs.10,000/-, under Section
449 of IPC and sentenced to undergo 10 years' R.I. with fine of Rs.10,000/-
under Section 323 read with Section 149 of IPC and sentenced to undergo
three months' RI with fine of Rs.1,000/- & under Section 324 of IPC and
sentenced to undergo two years RI with fine of Rs.2,000/- with default
stipulations. All the sentences have been directed to run concurrently.
Prosecution story, in brief, is that on 08-11-2018 at around 02:20 pm,
complainant Harishankarlal Meena (PW-1) lodged a dehati nalishi in an injured
condition from the Emergency Ward, District Hospital Sheopur to Shri Punnu
Singh Paraste, Superintendent of Police (Trainee) Police Reserve Centre Dehat,
District Sheopur alleging therein that Ramveer armed with axe, Shambhu Gurjar
and Balram armed with Gadasi, present appellant No.6-Devnarayan, Omprakash
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 10/26/2023
4:08:56 PM
and Dhanpal armed with lathi, Rambharat and Latoor armed with farsi,
Rajendra and present appellant No.4-Sukhdev armed with gadasi and
Radheyshyam armed with ballam entered his house due to old enmity. His wife,
daughter and sons Yogesh, Pawan and Jaswant were present in the house.
Ramveer and Balram inflicted gadasi blows on his son Yogesh on his left side
of his throat by which he fell down on the ground. Shambhu, Devnarayan,
Latoor, Omprakash, Rambharat, Radheshyam, Rajendra, Sukhdev and Dhanpal
unitedly committed marpeet with his son Pawan by means of gadasi, axe and
lathi due to which his son Pawan also sustained injuries on various parts of his
body. Dhanpal again inflicted a lathi blow near his left eye as a result of which
blood started oozing out. On hearing his cries, Jaswant, his wife, his daughter
and persons were present at his house and Pushpraj, Mahavir and Umesh of
village had seen the incident and saved them. Shambhu ran away from the spot
thereafter. He along with his son Yogesh and Pawan were brought to the
hospital in a jeep for treatment where the doctor declared son Yogesh dead.
On the basis of aforesaid dehati nalishi merg no.0 of 2018 was registered. Crime
was registered for offence under Sections 452, 323, 147, 148, 307, 302 of IPC.
Postmortem of deceased Yogesh was conducted. Matter was investigated.
Spot map was prepared as well as blood-stained and plain soil were collected.
Statements of witnesses were recorded. Accused were arrested. After
completion of investigation and other formalities, charge sheet was filed before
the competent Court from where the case was committed to the Sessions Court
for its trial. After appreciating the prosecution evidence, the trial Court after
conclusion of trial convicted and sentenced the present appellant along with
other co-convicted vide impugned judgment.
Signature Not Verified
Learned counsel for the present appellants submits that the incident took
Signed by: PAWAN
DHARKAR
Signing time: 10/26/2023
4:08:56 PM
place due to previous enmity between accused party and complainant party. As
per allegations, although appellant No.4-Sukhdev was armed with lathi and
appellant No.6-Devnarayan was armed with gadasi on the spot but he did not
cause any injury to deceased Yogesh. There is no specific overt act attributed
to the present appellants. The injury sustained by injured Pawan alleged to be
caused by present appellants has not been duly corroborated by medical
evidence. The trial Court committed an illegality in convicting and sentencing
the present appellants for alleged offences. It is further contended that present
appellants has already suffered about four and a half years of jail incarceration.
The appeal is of the year 2020 and its final outcome will take some time.
Moreso, similarly placed co-accused/appellants No.3&5 namely Sambhu Gurjar
& Omprakash Gurjar have already been extended benefit of suspension of
sentence by this Court on 6/10/2023 & 31/07/2023 respectively. Hence, learned
counsel for appellants prays for suspension of jail sentence and grant of bail to
present appellant No.4 & 6 namely Sukhdev Gurjar & Devnarayan Gurjar on the
ground of parity.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the impugned judgment submits that no
exception can be taken in the matter of suspension of sentence and grant of bail
to present appellants, regard being had to the nature and the gravity of offence
found proved against the present appellants.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, but regard being had to the fact that present appellants have already
suffered about four and a half year of jail incarceration coupled with the fact
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 10/26/2023
4:08:56 PM
that similarly placed co-accused/appellants No.3&5 namely Sambhu Gurjar &
Omprakash Gurjar have already been extended benefit of suspension of
sentence by this Court on 6/10/2023 & 31/07/2023 respectively, appeal is of the
year 2020 and there is no likelihood of early hearing of the appeal in near future,
in the obtaining facts and circumstances, appellant No.4 & 6 namely Sukhdev
Gurjar & Devnarayan Gurjar are held entitled for extension of benefit of
suspension of jail sentence.
Accordingly, I.A. No.15011/2023 & I.A. No.15957/2023 stands
allowed and it is directed that the jail sentence of appellant No.4 & 6 namely
Sukhdev Gurjar & Devnarayan Gurjar shall remain suspended during pendency
of present appeal and he be released on bail on his furnishing a personal bond
in the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in
the like amount to the satisfaction of the trial Court subject to verification of
factum regarding deposit of fine amount. Appellant No.4 & 6 namely Sukhdev
Gurjar & Devnarayan Gurjar are directed to appear before the Registry of this
Court first on 07/12/2023 and thereafter, on other subsequent dates as may be
fixed by Registry of this Court 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.
Certified copy as per rules.
(ROHIT ARYA) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
(Dubey)
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 10/26/2023
4:08:56 PM
