Madhya Pradesh High Court
Pankaj @ Ghati vs The State Of Madhya Pradesh on 13 February, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 4785 of 2023
(PANKAJ @ GHATI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 13-02-2024
Ms Anita Jain - Advocate for the appellants.
Shri K. K. Tiwari - Government Advocate for the respondents State.
Ms Deepika Rathi - Advocate for the respondent/objector.
Heard on IA No.254/2024, which is an application under Section 301
(2) of the Cr.P.C filed on behalf of mother of the deceased supported by an
affidavit wherein she wants to assist the prosecution in the present matter.
For the reasons stated in the application, she is allowed to assist the
prosecution.
In light of the aforesaid, IA No.254/2024 stands disposed off.
2. Also heard on I.A. No.4763/2023, which is the first application u/s
389 of Cr.P.C. for suspension of jail sentence and grant of bail moved on
behalf of appellants - Pankaj@ Gati, S/o Mukesh Goyal and Ankit @ Pilot, S/o
Kailashchandra Harod..
3. Learned Trial Court has convicted the appellants under Section 302
read with 34 of IPC with fine of Rs.10,000/- respectively, each with default
stipulations, vide judgement of conviction and order of sentence dated
10.09.2022 passed by the Sessions Judge, District Ujjain, (M.P.) in S.T.
No.242/2019.
4. Learned counsel for the appellants submits that the appellants have
not committed the offence and they have been falsely been implicated in the
matter. Counsel submits that there is no cogent evidence against the appellants.
The witness Uttam Singh (PW-1) and Santosh Singh (PW-2), who are stated to
be the eye witnesses are not trustworthy. The appellants have also been
convicted on the basis of knife recovered from the Shipra river of Ujjain. In
Ujjain devotees worship goddess and sacrifice animals and after that they use
to throw knife used in sacrifice (bali) and that knives were recovered.
5. Learned counsel for the appellants has argued that the trial Court has
relied on the statements of Uttam Singh (PW-1) and Santosh Singh (PW-2) and
on that basis only trial Court inferred that the appellants were involved in the
offence. The trial Court has also relied on the fact that the knives were
recovered from the river on their disclosure, but the trial Court has not
appreciated the fact that in Ujjain devotees worship the Goddess and sacrifice
the animals and after sacrifice the knife/sword used for that purpose is thrown
in the Shipra river and thus trial Court has wrongly inferred that these weapons
were used for the offence. No human blood was found on the weapons, so
that it cannot be inferred that weapons were used for the offence. The
appellants are young persons aged about 26 years. In the test identification
parade the photographs of the appellants were shown to the witnesses and on
that basis they have identified the accused appellants. Final disposal of this
appeal will take considerable time. Therefore, in such circumstances, it is
prayed that the substantial jail sentence of appellants be suspended and they be
released on bail.
6 . Learned counsel for the respondent/ State opposes the prayer for
suspension of jail sentence and prays for its rejection on the ground that there is
an active participation of the appellants in the crime and the eye witness have
clearly supported the prosecution case. The trial Court has appreciated the
evidence properly and as per the judgment of the trial Court it was not found
that the photographs of the appellants were shown to the witnesses. Hence, the
application of the appellants for suspension of sentence cannot be allowed and
the appellants are not entitled to be released on bail..
7. We have heard learned counsel for the parties and perused the record.
8. The allegations against the appellants are that on 11.03.2019 at about
18:10 PM in Bhukhi Mata Mandir, Ujjain the appellants have murdered Monu
@ Janendra Thakur by assaulting him with knife.
9. We have gone through the record. From the record it is evident that
eye witnesses have supported the prosecution case. Looking to the evidence
and the offence committed by the appellants, it is not a fit case where the
substantial jail sentence of the appellants - Pankaj alias Ghati and Ankit
alias Pilot be suspended.
Accordingly, I.A No.4763/2023 is hereby rejected.
List the matter for final hearing in due course.
(S. A. DHARMADHIKARI) (DEVNARAYAN MISHRA)
JUDGE JUDGE
rashmi
