Madhya Pradesh High Court
Ram Jeewan Vishnoi vs The State Of Madhya Pradesh on 9 August, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-15498-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 15498 of 2023
(RAM JEEWAN VISHNOI Vs THE STATE OF MADHYA PRADESH )
Dated : 09-08-2024
Shri Surendra Singh - Senior Advocate assisted by Shri Kapil Pathak -
Advocate for the appellant.
Shri Arvind Singh - Public Prosecutor for the State.
Shri Ram Nath Dwivedi - Advocate for the objector.
Heard on I.A. No. 29334/2023 , an application under Section 389 (1)
of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant
Ram Jeewan Vishnoi .
This appeal is filed being aggrieved of the judgment dated 8/12/2023
passed by Sessions Judge, Harda in Sessions Trial No.100081/2014 whereby
the appellant has been convicted for offence punishable under Section
302/34 of IPC and sentenced to undergo RI for life with fine of Rs.50,000/-
and in default of fine, additional R.I. for three years respectively.
It is submitted that the appellant has been convicted under Section 302
with the aid of Section 34 on the story of prosecution witnesses PW-7
Satyanarayan Vishnoi, PW-8 Kishanlal and PW-9 Komalram Vishnoi that he
had passed on a firearm to Komal and who had inturn fired a gun shot on
Shankarlal who is deceased now.
It is submitted that there is a lot of improvisation in the story of the
prosecution. Out of five eye-witnesses, PW-5 Chandrashekhar and PW-6
Basant Vishnoi have not said anything about fire arm being given by Ram
2 CRA-15498-2023
Jeewan to Komal.
PW-7 Satyanarayan, PW-8 Kishanlal and PW-9 Komalram Vishnoi
though have narrated in their examination-in-chief that fire arm was given by
present appellant Ram Jeewan Vishnoi to Komal but their case diary
statements Ex. D-6, Ex. D-7 and Ex. D-8 respectively are silent on this
aspect. Thus, for the first time, before the court, these three witnesses PW-6,
PW-7 and PW-8 have developed a theory of fire arm being passed on to by
present appellant Ram Jeewan which has been believed by the learned trial
court recording a conviction under Section 302 with the aid of Section 34 of
I.P.C. for homicidal death of Shankarlal.
It is also submitted that it was a case of free fight. Chandrashekhar and
Basant have been convicted for death of Roshni Bai who was member of
party of the present accused.
Shri Arvind Singh, learned Public Prosecutor reading evidence of PW-
8 submits that Kishanlal has stated in para 4 of his testimony that gun was
passed on to by Ram Jeewan to Komal and, therefore, that testimony having
remained unrebutted needs to be accepted and there is no cause for
interference in the matter.
Shri Ram Nath Dwivedi, learned counsel for the objector in his turn
submits that witnesses have stated that present appellant was armed with a
sword. He had caused injury to the victims with a sword. However, he is
not able to substantiate that how the theory of fire arm being passed on to
Komal from the hands of Ram Jeewan has come and being developed by
witnesses PW-7, PW-8 and PW-9 when they are silent in their case diary
3 CRA-15498-2023
statements on this aspect.
After hearing learned counsel for the parties and going through the
record, taking overall circumstances of the case, since there are good chances
of success in the appeal especially in regard to conviction under Section 302
with the aid of Section 34 and at best, appellant may be convicted under
Section 307 or for a lesser offence under Section 326 etc., without
commenting on the merits of the case, I.A. No. 29334/2023 is allowed.
It is directed that on depositing the fine amount, if not already
deposited, and on furnishing a 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
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 the
present appellant shall remain suspended and he shall be released on bail till
final disposal of this appeal.
I.A. No.29334/2023 is allowed & disposed of.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
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