Madhya Pradesh High Court
Revsingh vs The State Of Madhya Pradesh on 1 April, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 16220 of 2023
(REVSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 01-04-2024
Shri Kailash Chandra Kaushal - Advocate for appellants.
Shri Gaurav Singh Chouhan - Government Advocate appearing on
behalf of Advocate General for respondent - State of Madhya Pradesh.
Heard on the question of admission.
The present appeal appears to be arguable.
Criminal Appeal filed under Section 374 of the Code of Criminal
Procedure, 1973 is admitted for final hearing.
Also heard on IA No.19772 of 2023, which is FIRST application under
Section 389 (1) of Code of Criminal Procedure, 1973 (herein after referred to as
the Code) for suspension of remaining jail sentence and grant of bail filed on
behalf of appellant No.3 - Lokesh S/o Dangirao Chouhan.
Vide judgment and order dated 02.12.2023 passed by learned Sessions
Judge, Barwani, District Barwani (M.P.) in Sessions Trial No.14 of 2023, the
present appellant (along with two others) has been convicted for offence under
Section 302 read with Section 34 of Indian Penal Code, 1860 (IPC) and
sentenced to undergo Life Imprisonment with fine of Rs.1,000/- along with
default stipulation.
As per the prosecution story, an First Information Report (FIR) Ex.P/10
was lodged by Devi Singh Baghel S/o Khesiya Baghel (PW-5) on 13.11.2022 at
Police Station Pati, District Barwani (M.P.), that his brother Patiya was returning
from market, Rev Singh S/o Tepniya came on a motorcycle and in another
motorcycle Pema S/o Nasiya and Ramesh S/o Bhav Singh came from opposite
side. They apprehended his brother and all the three started abusing him by
filthy language. Pema picked up a stone lying there and thrown on the back of
his brother, who shouted; and thereafter Pema and Ramesh caught hold Patiya,
Rev Singh gave a blow by an Axe on his head. He started bleeding and fell
down. All the three fled away. The injured was taken to the hospital. Initially
FIR was registered under Sections 341, 294, 307, 506 read with Section 34 and
Section 323 of IPC.
Thereafter, the Police recorded statement of Devi Singh under Section
161 of the Code in which he did not disclose the name of the present appellant,
however, his 164 statement was recorded after eighteen days in which he
disclosed name of the present appellant and alleged that he caught hold the
deceased along with other co-accused. The appellant's name also came in the
memo statement of Rev Singh Ex. P/8.
Learned counsel for the appellant submits that, therefore, the conviction
of the present appellant cannot be sustained as at the first instance, his name
was not disclosed and later on, he has been added as an accused, because he
happens to be a cousin (brother) of the main accused.
Learned Government Advocate for the respondent - State opposes the
application by reading out para 55 of the impugned judgment in which the trial
Court has discussed the role of the present appellant.
Considering the facts and circumstances of the case and arguments
advanced by learned counsel for the parties, this Court is of the considered
opinion that the application for suspension of custodial sentence moved on
behalf of the present appellant deserves to be allowed.
Accordingly, without commenting anything on merit of the matter, IA
No.19772 of 2023 is allowed and it is directed that subject to depositing fine
amount and on furnishing personal bond by appellant No.3 Lokesh S/o
Dangirao Chouhan in the sum of Rs.50,000/- (Rupees Fifty Thousand Only)
with one solvent surety in the like amount to the satisfaction of the learned trial
Court, the execution of custodial part of the jail sentence of the present
appellant shall remain suspended, till the final disposal of this appeal. The
present appellant, after being enlarged on bail, shall mark his presence before
the Registry of this Court on 05.07.2024 and on all such subsequent dates as
may be fixed by the Registry of this Court in this regard.
Let the matter be listed for final hearing in due course.
I.A. No.19773 of 2023, an application for urgent hearing also stands
disposed off.
(VIVEK RUSIA) (GAJENDRA SINGH)
JUDGE JUDGE
rcp
