Ramavtar Kushwaha vs The State Of Madhya Pradesh
2024 Latest Caselaw 21299 MP

Madhya Pradesh High Court

Ramavtar Kushwaha vs The State Of Madhya Pradesh on 6 August, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                             1                             CRA-2195-2022
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 2195 of 2022
                                    (RAMAVTAR KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 06-08-2024
                                 Shri Siddharth Datt - Advocate for appellant.

                                 Shri Nitin Gupta - Government Advocate for the respondent/State

Heard on I.A. No. 22687 of 2022, an application under Section 389(2) of the Code of Criminal Procedure, 1973 on behalf of appellant No.2 - Vinod Kushwaha S/o Shri Loda @ Maiyadin Kushwaha.

Appellant is aggrieved of the judgment dated 09.02.2022 passed by learned VI Addl. Sessions Judge, Chhatarpur in S.T. No. 76 of 2019 whereby he has been convicted for the offence punishable under Section 302/34 of IPC and sentenced to undergo Imprisonment of life and fine of Rs.25,000/-, under Section 307 of IPC sentenced to undergo RI for 07 years with fine of Rs.2000/- and under Section 323 of IPC sentenced to undergo RI for 01 years with fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant submits that the conviction under Section 302/34 of IPC and Section 307/34 is not proper. It is submitted that

as per the statement of Dr. Umrao Singh (PW-9) there is single injury on the head measuring 05" x 04" behind the forehead causing multiple fractures in the head. Another injury is on the right hand. The injury which caused death is head injury that is attributable to appellant No.1 Ramavtar Kushwaha, therefore, the conviction of the present appellant with the aid of section 34 IPC is not made out. It is also submitted that, as per prosecution's own case,

2 CRA-2195-2022 all the three persons had not come together but on the call given by Ramavtar Kushwaha Vinod and Latora had reached the place of crime. It is submitted that, since there is single injury attributable to Ramavtar Kushwaha, their conviction with the aid of Section 34 IPC is not made out.

Learned Government Advocate for the respondent/State opposes the prayer made by learned counsel for the appellant and submits that the injury which is available in the Post-mortem Report is sufficient to cause death.

After hearing the learned counsel for the parties and going through the material available on record, without commenting any opinion on the merits of the case, this Court is of the view that a fit case for suspension of sentence is made out in favour of the appellant No.2 Vinod Kushwaha.

Accordingly, I.A. No.22687 of 2022 is allowed.

It is directed that on depositing of fine amount, if not already deposited and upon furnishing personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court concerned on 20.12.2024 and such other dates as may be fixed by the Trial Court, the execution of remaining part of the jail sentence imposed upon appellant No. 2 - Vinod Kushwaha S/o Shri Loda @ Maiyadin Kushwaha shall remain suspended and he be released on bail till final disposal of this appeal.

List for final hearing in due course.

Certified copy as per rules.

                                                   3              CRA-2195-2022

                                (VIVEK AGARWAL)       (AVANINDRA KUMAR SINGH)
                                     JUDGE                     JUDGE
                           AR