Madhya Pradesh High Court
Siyaram Dhurvey vs The State Of Madhya Pradesh on 8 August, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-5128-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5128 of 2022
(SIYARAM DHURVEY AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 08-08-2024
Shri V.C.Rai, learned counsel for the appellants.
Shri Nitin Gupta, learned Public Prosecutor for the respondent/State.
Heard on I.A. No.23632/2022, an application under Section 389(2) of
the Code of Criminal Procedure, 1973 on behalf of appellants-Siyaram
Dhurvey, Makhan Durvey and Sanjy Dhurvey.
Learned counsel for the appellants prays for withdrawal of this
application on behalf of appellant No.1-Siyaram Dhurvey.
This appeal is filed by the appellants being aggrieved of the judgment
dated 31/05/2022 passed by learned 3rd Additional Sessions Judge, Itarasi,
Distt. Narmdapuram (M.P.) in S.T. No.100150/2014 whereby appellants
No.1 and 2 have been convicted for the offence punishable under Sections
302 and 323 read with Section 34 of IPC and sentenced to undergo
imprisonment for life along with fine of Rs.1,000/- and RI for one year
along with of Rs.500/- with default stipulations respectively and appellant
No.3 has been convicted for the offence punishable under Sections 302 and
323 read with Section 34 of IPC and sentenced to undergo imprisonment for
life along with fine of Rs.1,000/- and RI for one year along with of Rs.500/-
with default stipulations respectively and also under Sections 25 and 27 of
the Arms Act and sentenced to RI for three years along with fine of Rs.500/-
and imprisonment for life along with fine of Rs.1,000/- with default
2 CRA-5128-2022
stipulation.
At the outset, learned counsel for the appellants prays for withdrawal
of I.A. No.23632/2022 on behalf of appellant No.1-Siyaram Dhurvey.
Accordingly, I.A. No.23632/2022, so far it relates to appellant No.1-
Siyaram Dhurvey, is concerned, the same is dismissed as withdrawn.
Now I.A. No. 23632/2022 on behalf of appellant No.2- Makhan
Dhurvey and appellant No.3-Sanju Dhurvey is considered.
Learned counsel for the appellants submits that in Dehati Nalsi
(Ex.P//3) name of assailants are mentioned as Siyaram, Shrawan Gond, both
were armed with lathi and Sanju who was armed with a knife. Later on, in
161 statement complainant has replaced Shrawan with Makhan. Though in
her cross-examination, Puniya Bai (PW-3) has said that she has made a
written communication to Police to replace Shrawan with Makhan and out of
anxiety she had mentioned name of Shrawan but there is no justification for
giving name of Makhan inasmuch as all the persons are local residents and
were known to Puniya Bai. If Makhan was present at the place of the
incident, then his name should have been mentioned in the first instance.
Similarly, it is submitted that Sanju was armed with a knife. Dr. R.K.
Choudhary (PW-12), in post-mortem report has mentioned that there were
two incised wounds which were simple and were on non-vital parts. Dr.
Choudhary (PW-12) has also opined that death was due to shock and
cardiopulmonary failure on account of head injuries caused with a lathi.
In the Inquest report, cause of death is mentioned as a injury caused
with a lathi. Thus, prayer is made to suspend the sentence and grant bail to
3 CRA-5128-2022
the appellants No.2 and 3.
Shri Nitin Gupta, learned Public Prosecutor for the
respondent/State opposes the aforesaid prayer.
After hearing the learned counsel for the parties and going through the
material available on record and considering the fact that final hearing of the
appeal will take considerable time and there are good chances of success for
the appellant No.2- Makhan Dhurvey and appellant No.3-Sanju Dhurvey in
appeal, 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- Makhan Dhurvey and appellant No.3-Sanju Dhurvey.
Accordingly, I.A. No.23632/2022 filed on behalf of appellant No.2-
Makhan Dhurvey and appellant No.3-Sanju Dhurvey is allowed.
It is directed that on depositing of fine amount, if not already
deposited and on furnishing personal bond to the tune of Rs. 50,000/-
(Rupees Fifty Thousand Only) with two solvent sureties each in the like
amount to the satisfaction of the Trial Court for their 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- Makhan Dhurvey and appellant No.3-Sanju
Dhurvey shall remain suspended and they be released on bail till final
disposal of this appeal.
List for final hearing in due course.
Certified copy as per rules.
4 CRA-5128-2022
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
ts
