Raju Vishwakarma vs The State Of Madhya Pradesh
2023 Latest Caselaw 17708 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 3242 of 2022
                                            (RAJU VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 25-10-2023
                                 Shri Vishal Daniel - Advocate for the appellant.

                                 Shri Pramod Kumar Pandey -                 Government Advocate for the
                           respondent/State.

I.A. No.13581/2023, second repeat application filed u/S.389 of Cr.P.C. for suspension of sentence is taken up and considered alongwith the reply of

the State. First application was dismissed as withdrawn on 28.10.2022.

This criminal appeal assails the judgment dated 07.03.2022 passed in S.T. No.47/2020 by Sessions Judge, Seoni (M.P.) whereby appellant has been convicted u/S. 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.2,000/- and under Section 201 of IPC and sentenced to undergo RI for 3 years with fine of Rs.1,000/- with default stipulations.

Prosecution story in short is that the deceased and appellant went together on 30.06.2020 at about 7:00 pm and after that body of the deceased was recovered on the next day i.e. on 01.07.2020 at 9:00 am and perusal of the

medical evidence shows that the body of the deceased was decomposed.

Learned counsel for the appellant submits that trial court has erred in fact and law in convicting the appellant. He further submitted that there is no direct evidence available in the case and this case is based only on circumstantial evidence. Trial Court has carved out the circumstances in paragraph No. 22 of the impugned judgment and they have been broadly categorized as motive, last seen together/extra judicial confession and recovery of axe and non explanation of the accused persons. He further submits that chain of circumstantial evidence Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 26-10-2023 16:47:29

was not intact and not corroborating to each other and not corroborated by the medical evidence and there is no substantial corroboration, incriminating evidence against the appellant. The final hearing of this appeal will take time and therefore prays for suspension of sentence of this appellant.

Learned counsel for the State opposed the application on the basis of objection and prayed for its rejection.

Heard both the parties and perused the record.

It is found that this case is based on circumstantial evidence and after considering the statement of Gayatri Bai (PW-1) and medical evidence, without commenting on the merits of the case we deem it proper to suspend the

remaining jail sentence of this appellant.

Hence, I.A. No.13581/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that appellant- Raju Vishwkarma be released on bail on his furnishing a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court o n 20.12.2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this Appeal C.C. as per rules.

                             (SHEEL NAGU)                                                      (HIRDESH)
                                JUDGE                                                            JUDGE

                           Akm




Signature Not Verified
Signed by: AKANKSHA
MAURYA
Signing time: 26-10-2023
16:47:29