Banesingh vs The State Of Madhya Pradesh
2024 Latest Caselaw 4690 MP

Madhya Pradesh High Court

Banesingh vs The State Of Madhya Pradesh on 17 February, 2024

Author: Prakash Chandra Gupta

Bench: Prakash Chandra Gupta

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 9258 of 2023
                                               (BANESINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 17-02-2024
                                 Shri Nitin Singh Bhati, learned counsel for the appellant.

                                 Shri V.S.Panwar, learned G.A. for the State.


                                 Heard on I.A. No.15479/2023, which is first application for suspension
                           of sentence and grant of bail filed under section 389 of the Cr.P.C. on behalf of
                           appellant-Banesingh.

                                 2. The trial Court has convicted the appellant under Section 304 (Part-II)
                           of the I.P.C. and sentenced to undergo 7 years of R.I. with fine of Rs.5,000/-
                           with default stipulation, vide judgment of conviction and order of sentence
                           dated 10.07.2023 passed by the Second Additional Sessions Judge, Rajgarh
                           (Biaora) in S.T. No.37/2017.
                                 3. Prosecution case in short is that on 16.01.2017 at around 2 p.m.
                           appellant slapped deceased Shivnarayan thereafter, deceased fell down then
                           appellant sat on his chest and assaulted on the stomach of the deceased by
                           kicks and knee. As per the post mortem report the deceased had died due to

                           grievous injuries in his spleen and kidney.
                                 4. Learned counsel for the appellant submits that the appellant has not
                           committed any offence. He has falsely been implicated in the case. It is
                           submitted that son of the deceased Rajkumar (P.W.-1) admitted in paragraph-8
                           of his cross-examination that at the time of incident some persons were drinking
                           liquor at dabba and assaulted the deceased by lathi. It is also submitted that
                           there are material contradictions and omissions in the statement of prosecution
                           witnesses. Except family members of the deceased no other witnesses have
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 17-02-2024
18:12:54
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                           supported the case of the prosecution but the trial court has not properly
                           considered the aforesaid fact in the impugned judgment and has wrongly
                           convicted and sentenced the appellant. It is further submitted that appellant is
                           in custody from 22.01.2017 to 09.03.2017 and thereafter from the date of
                           judgment i.e. 10.07.2023. Final hearing of this appeal is not possible in near
                           future therefore, it is prayed that the remaining jail sentence of the appellant may
                           be suspended and he may be released on bail.
                                  5.   On the other hand, learned counsel for the respondent/State has

opposed the prayer of the appellant and submits that Rajkumar (P.W.-1), NandKishore (P.W.-2) and wife of the deceased Buribai (P.W.-3) have

supported the case of the prosecution therefore, appellant is not entitled for suspension of sentence.

6. I have heard learned counsel for both the parties and perused the record.

7. Considering the facts and circumstances of the case, and also considering the statement of prosecution witnesses Rajkumar (P.W.-1), Nand Kishore (P.W.-2) and wife of the deceased Buribai (P.W.-3), at this stage, this Court is not inclined to suspend the jail sentence and grant bail to the appellant. Accordingly, I.A. No.15479/2023 is rejected.

8. List in due course.

(PRAKASH CHANDRA GUPTA) JUDGE

ajit