Madhya Pradesh High Court
Satyaprakash vs The State Of Madhya Pradesh on 19 September, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1301 of 2017
(SATYAPRAKASH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 19-09-2023
Shri Brajesh Tyagi - Advocate for the appellants.
Shri Rajesh Kumar Shukla- Additional Advocate General for
respondent- State.
Heard on IA.No. 17092 of 2023, fifth repeat application under Section
389(1) of CrPC moved on behalf of appellant No.2- Satyaveer for suspension
of jail sentence and grant of bail.
Vid e judgment of conviction and order of sentence dated 8th of
September, 2017 passed by Third Additional Sessions Judge, Bhind (M.P.) in
Sessions Trial No. 302 of 2014, the present appellant has been convicted under
Section 302 r/w Section 34 of IPC and sentenced to life imprisonment with fine
of Rs 2,000/- and further convicted under Section 201 r/w Section 34 of IPC
and sentenced to undergo for three years' rigorous imprisonment with fine of
Rs.1,000/- with default stipulations.
Prosecution case, in brief, is that on 12-06-2014, Ramdas Chowkidar of
village informed Police Station Gormi to the effect that on seeing a crow-
croaking towards rugged mouza Aharoli, he went near the place i.e. Baghele Ka
Pura and an unknown lady was found dead whose throat and ears were cut. Her
complexion was found to be average tall and dark, whose body was lying dead.
On the above information, Dehati Nalishi was recorded vide Ex.P1 and on the
spot, the dead body of aforesaid unknown lady was taken in possession by the
police and an inquest was recorded under Section 164 of CrPC. Dead body
panchnama was prepared in presence of witnesses and thereafter it was sent for
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 9/20/2023
3:55:23 PM
autopsy. Thereafter, accused Satyaprakash, Satyaveer (present appellant),
Dhara Singh and Brajesh were arrested vide arrest memo Ex.P3 to Ex.P6.
Statement of Satyaprakash was recorded in which he stated that whom he and
Satyaveer had brought from Morena on 08-06-2014 was murdered on 11-06-
2014 and at about 03:00-04:00 in the morning of 12-06-2014, the lady was
attacked with axe and knife. The axe which Brajesh had beheaded the lady, had
taken with him after murder and the knife which he had brought with him in his
pocket had cut lady's nose. He went with accused Satyaveer and kept deceased
hidden at a little distance near Aharoli Ghat of Kwari River where her saree was
thrown. Memorandum of Dhara Singh was also recorded vide Ex PI5 who told
that the lady was in physical relationship with Satyaveer. From possession of
accused Satyaprakash, knife with his blood-stained shirt, from accused
Satyaveer white blood- stained shirt, from accused Brajesh an axe and from
possession of Dhara Singh, a black coloured purse of aforesaid deceased lady
were recovered. After completion of investigation and other formalities, charge
sheet was filed before the competent Court from where the case was committed
to Sessions Court for its trial. After conclusion of trial, trial Court convicted
and sentenced present appellant along with other co-accused for commission of
aforesaid offence, as mentioned above.
It is contended by learned counsel for the present appellant that the trial
Court has committed an error in convicting and sentencing the present
appellant. Even otherwise, there is no last seen evidence available on record. It
is further contended that all seizure witnesses as well as arrest memo witnesses
have turned hostile and did not support the prosecution story. There is no
direct evidence to connect the present appellant with alleged crime and case is
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based on circumstantial evidence. It is further contended that present appellant
Signed by: SUNEEL DUBEY
Signing time: 9/20/2023
3:55:23 PM
has already served near about six years three months jail incarceration. Further,
the case of the present appellant is akin to that of the co-accused/appellant No.3
Dhara Singh who has been benefited by the suspension of jail sentence and
grant of bail vide order dated 16.08.2023 (IA. No.19689 of 2022). This appeal
i s of year 2017 and its final outcome will take time. Hence, prayed for
suspension of jail sentence and grant of bail on the ground of parity with co-
accused/appellant No.3-Dhara Singh.
Learned counsel for State by supporting the impugned judgment
submitted that it is a case of brutal murder of a lady and considering the nature
of offence and evidence available on record, present appellant is not entitled to
benefit of suspension of jail sentence and prayed for rejection of application.
Considering the aforesaid facts and circumstances of the case but
without commenting upon merits of the case and as co-accused/appellant No.3
Dhara Singh has been benefited by the suspension of jail sentence and grant of
bail vide order dated 16.08.2023 (IA. No.19689 of 2022), IA deserves to be
and is hereby allowed. It is directed that jail sentence of the appellant No.2-
Satyaveer will remain under suspension subject to verification that amount of
fine has been deposited, on present 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 his appearance before
the Principal Registrar of this Court on 22nd December, 2023 and on such
further dates as may be fixed by the Office in this regard till disposal of the
appeal.
Aforesaid IA stands allowed and closed.
Observations on facts, if any, are only for the purpose of deciding the
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Signed by: SUNEEL DUBEY
Signing time: 9/20/2023
3:55:23 PM
instant applications and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (DEEPAK KUMAR AGARWAL)
JUDGE JUDGE
(Dubey)
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 9/20/2023
3:55:23 PM
