Madhya Pradesh High Court
Kishanlal vs The State Of Madhya Pradesh on 2 February, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1647 of 2018
(KISHANLAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 02-02-2024
Shri Vikas Yadav, learned counsel for the appellant.
Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.
Heard on I.A.No.663/2024, which is first application under Section
389(1) for suspension of jail sentence of the appellant No.2 - Ramabai W/o
Kishanlal Keer.
2 . The appellant stands convicted vide judgment dated 01.02.2018
passed by the Additional Sessions Judge, Kannod, District Dewas(MP) in
Session Trial No.221/10 for offence punishable under Section 302 read with
Section 34 of IPC and sentenced to undergo life imprisonment with fine of
Rs.3,000/- with default stipulation.
3. The prosecution case found to be proved is that on 09.04.2010, at
about 10:00 a.m., one Ramchandra Jaat was working in his farm with
complainant Garuav(PW7) and his worker Pannalal Nayak(PW8), which is
situated at village Kanabujurg on bank of river Narmada at that time, the present
appellant alongwith other co-accused persons reached the farm and stopped
Ramchandra to work while using abusive language and all the accused persons
started beating him and other workers and caused injuries to them. The
allegation against appellant No.2 Ramabai is of beating Ramchandra with stick
on his back portion. After some time, Ramchandra succumbed to the said
injuries. On the basis of the aforesaid, crime was registered.
4 . Learned counsel for the appellant submits that appellant has been
falsely implicated in the case. It is submitted that the present appellant hit the
deceased with a stick on his back, but there is no corresponding injury found
on the body of the deceased. There are lot of contradictions between the
statement of Gaurav(PW7), Pannalal(PW8) and Jagdish(PW9) on the happening
of the incident, which creates serious doubt on the presence of eye-witness at
the place of the incident. The cause of death as per the autopsy report is a head
injury, which is alleged to be inflicted by another co-accused namely Sakharam
@ Bablu. He further submits that final disposal of this appeal will take
considerable time. Therefore, in such circumstances, it is prayed that the jail
sentence of appellant No.2 be suspended and she be released on bail.
5 . Learned counsel for the respondent/ State opposes the prayer for
suspension of jail sentence and prays for its rejection.
6 . On due consideration of the facts and circumstances of the case,
without expressing any opinion on merits of the case, I.A.No. 663/2024 is
allowed and it is directed that upon depositing the fine amount (if not already
deposited) and on furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand only) with one solvent surety in the like amount to
the satisfaction of the trial court, the substantive jail sentence of the appellant
No.2 - Ramabai W/o Kishanlal Keer shall remain suspended till the final
disposal of the appeal and she shall be released on bail. She shall appear before
the concerned trial Court firstly on 10.04.2024 and on all other subsequent
dates, as may be fixed in this behalf by that Court.
List for final hearing in due course.
Certified copy as per rules.
(S. A. DHARMADHIKARI) (PRANAY VERMA)
JUDGE JUDGE
pn
