Manmohan vs The State Of Madhya Pradesh
2024 Latest Caselaw 21311 MP

Madhya Pradesh High Court

Manmohan vs The State Of Madhya Pradesh on 6 August, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                             1                             CRA-1421-2019
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                      CRA No. 1421 of 2019
                                        (MANMOHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH )


                          Dated : 06-08-2024
                                Shri Madan Mohan Tripathi, learned counsel for the appellants.
                                Dr. Anjali Gyanani, learned Public Prosecutor for respondents/State.

Heard on I.A. No.13894/2024, first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant No.3-Banti alias Harnarayan.

Present appellant stands convicted under Section 148 of IPC and sentenced to undergo two years RI with fine of Rs.500/-; under Section 302/149 of IPC and sentenced to life imprisonment with fine of Rs.5000/-; under Section 307/149 of IPC and sentenced to ten years RI with fine of Rs.1000/-; under Section 25(1- Kha)/Ka of Arms Act and sentenced to undergo R.I. for 1 year with fine of Rs.500/-; and under Section 27 of Arms Act, with default stipulations vide judgment of conviction and order of sentence dated 22.01.2019 passed by the IV Additional Sessions Judge, Guna (M.P.) in Sessions Trial No.289/2015.

As per prosecution story, in the background of rivalry between complainant party and accused persons, it is alleged that a fight took place between

complainant Gyan Singh and Raja on 14.07.2015 at about 10 pm. While complainant Gyan Singh with his brothers Raghuvir and Sonu were standing at the market at 12-30 in night, Phool Singh, Banti alias Harnarayan (present appellant), Ajab Lodha, Monu Meena, Jeetu Bana, Mahendra Bana, Arvind Bana and Manmohan came with common intention to cause grievous hurt to the complainant and his brothers. On exhortation of Phool Singh, all the three namely

2 CRA-1421-2019 Phool Singh, Banti alias Harnarayan (present appellant) and Monu armed with katta fired gun shot injuries causing serious wounds on the chest and body of deceased Raghuvir. Blood started oozing out. Thereafter, Present appellant had also thrown big stone on the face of the deceased Raghuvir. Eventually, Raghuvir died homicidal death owing to the aforesaid injuries including gun shot injuries. On an FIR so lodged, investigation started. Upon evaluation of incriminating material, challan was filed and case was committed to the Sessions Court for trial. The Sessions Court, upon critical evaluation of the evidence available on record has convicted and sentenced the appellants along with other co-accused persons, as referred above.

So far as merits of the case is concerned, the allegation against present appellant-Banti alias Harnarayan is of firing gunshot to the deceased Raghuvir.

There is recovery of the firearm from the present appellant and the ballistic report is also against him. That apart, recently, vide order dated 21/05/2024, the application (I.A. No.8782/2024) filed by co-accused Arvind Singh in connected Cr.A. No.1384/2019 for suspension of sentence was dismissed by this Court. Now, within a period of 3 months, the present application (I.A. No.13894/2024) has been filed for grant of benefit of suspension of sentence to appellant No.3- Banti alias Harnarayan. There is no changed circumstances. Hence, no case for grant of benefit of suspension of sentence to present appellant is made out.

Accordingly, I.A. No.13894/2024 stands dismissed.

                                      (VIVEK RUSIA)                            (RAJENDRA KUMAR VANI)
                                          JUDGE                                        JUDGE


                          (Dubey)






                           3   CRA-1421-2019