Badri Parasad Sen(Deleted As Per ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 14478 MP

                                                                 1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR


                                                  CRA No. 73 of 2015
                                      (Badri Prasad & Anr. Vs THE STATE OF MADHYA PRADESH)


                       Gwalior dated 4.9.2023
                             Shri Vinay Kumar- Advocate for appellant No.2- Babita Sen.
                             Shri A.K.Nirankari- Public Prosecutor for the respondent/State.

Per Justice Deepak Kumar Agarwal:

IA.No.5689/2023, 5th application u/Sec. 389(1) of Cr.P.C. for

suspension of sentence and grant of bail filed on behalf of appellant No.2-

Babita Sen. First & fourth applications have been dismissed as withdrawn,

2nd application has been dismissed on merits and 3 rd application for

temporary bail has been allowed for 8-9 days.

This criminal appeal assails the judgment dated 18th December, 2014

passed by the 1st Additional Sessions Judge, Vidisha, in Sessions Trial

No.298/2013, whereby appellant has been convicted under Section 302/34

of IPC and sentenced to suffer life imprisonment with fine of Rs.1,000/-.

Prosecution case in brief is that on 15.7.2013 Medical Officer, Distt.

Hospital, Vidisha, gave intimation to police Station, Kotwali, Distt.

Vidisha, that Lalita w/o Rajkumar Sen aged 23 years was brought for

treatment on 15.7.2013 at 9.35 am and she has been admitted in burn ward. Signature Not Verified Signed by: MADHU SOODAN PRASAD On the said intimation, police reached the hospital. Thereafter, injured was Signing time: 05-09-2023 10:47:23 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

referred to Hamidiya Hospital, Bhopal, where her statement was recorded

by Investigating Officer Chhote Singh Umath in which she has stated that

she is having a daughter aged 1-1/2 years. She has lodged a report under

Section 498-A of IPC against her husband and the case is going on. On the

pretext of compromise, her husband took her to Basoda and kept her in a

rented house. In the morning when she returned from the work, she did not

find her husband in the house and went to the house of her Jeth, but her

husband was also not there. When she asked from her Jethani, she pelted

stone which hit to her mother-in-law. Thereafter, her Jet and Jethani

(appellant) beat her and after pouring kerosene oil, set her on fire. Dehati

Nalishi was registered under Section 307/34 of IPC. During treatment,

Lalita Bai died. Statements of the witnesses were recorded and Section 302

of IPC was enhanced. After investigation, charge-sheet was filed and after

trial, appellant has been convicted and sentenced as aforesaid.

It is submitted by learned counsel for the appellant that appellant has

falsely been implicated in the case. Deceased was not in a condition to

give dying declaration, therefore, it creates a doubt on the dying

declaration. The appellant has already suffered incarceration of about 10 Signature Not Verified Signed by: MADHU SOODAN PRASAD years and 2 months. Appellant is a lady and aged around 55 years. She has Signing time: 05-09-2023 10:47:23 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

a good case on merits. Final hearing of the appeal will take time. On such

premises, learned counsel for the appellant prayed for bail.

Learned counsel for the State opposed the application and prayed for

its rejection.

Considering the facts and circumstances of the case, but without

commenting anything on the merits of the case, IA.No.5689/2023 is

allowed and it is directed that jail sentence of appellant - Babita Sen will

remain under suspension subject to verification that the amount of fine has

been deposited, on appellant's furnishing bail bond of Rs.50,000/- (Rupees

Fifty Thousand Only) with one solvent surety of the like amount to the

satisfaction of concerned Trial Court for her appearance before the

Principal Registrar of this Court on 18th December, 2023 and thereafter on

such further dates as may be fixed by the office of this Court in this regard

till disposal of the appeal.

C.c. as per rules.

                              (Rohit Arya)                         (Deepak Kumar Agarwal)
                                 Judge                                      Judge
             ms/-
Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 05-09-2023
10:47:23 AM