Madhya Pradesh High Court
Kapil Sonkar vs The State Of Madhya Pradesh on 23 February, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.6823 OF 2023
(Kapil Sonkar vs The State of Madhya Pradesh)
Indore, Dated 23.02.2024
Mr. Vivek Singh, counsel for the appellant.
Mr. Kamal Tiwari, counsel for the respondent/State.
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Heard on IA No.520 of 2024 which is an application for
temporary suspension of jail sentence.
(2) Counsel for the appellant prays for withdrawal of the
aforesaid suspension application.
Prayer allowed.
Accordingly, the application-IA No.520 of 2024 is
dismissed as withdrawn.
(3) Also heard on IA No.17014 of 2023 which is an
application under Section 389 of Criminal Procedure Code,
1973 filed on behalf of appellant - Kapil Sonkar S/o Ranjit
Sonkar who has been convicted by learned Special Judge,
SC/ST (PA) Act, 1989, District-Indore (MP) in SC ATR
No.07/2013 vide judgment dated 28.04.2023 and has been
sentenced him as under:-
Conviction Sentence
Section & Act Imprisonment Fine Imprisonment in
Amount lieu of fine
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.6823 OF 2023
(Kapil Sonkar vs The State of Madhya Pradesh)
302/120-B IPC Life Rs.50,000/- Two years RI
Imprisonment
120-B IPC ---- ----- -----
29(1-B) (A) Two Years RI Rs.1,000/- One month RI
Arms Act,
1959.
(4) The prosecution story in brief is that on 19.12.2011 at
about 8:30 am in the morning, Manohar Verma (deceased) was
returning from Nasiya Road petrol pump, four - five persons
who allegedly were Kapil Sonkar's (present appellant) affiliates
started following the deceased. Thereafter the aforesaid persons
stopped the deceased at Kailash Kuti warehouse road and told
him that Kapil had called him and so they asked him to come
with them and when he refused to go with them, they took out
revolver and started firing on the deceased which hit him on his
head, shoulder and waist and as a result of which he died.
Thereafter the police registered the case against the accused
persons and after investigation, chargesheet was filed and
afterwards the trial Court has convicted and sentenced the
appellant under the aforementioned section.
(5) Counsel for the appellant submits that appellant is
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.6823 OF 2023
(Kapil Sonkar vs The State of Madhya Pradesh)
innocent and has been falsely implicated in the aforesaid
offence. He submits that there is no previous enmity between
the appellant and the deceased. The trial Court has failed to
appreciate the fact of PW/29 who has not supported the
prosecution story and has denied the fact that deceased had
enmity with the appellant. He further submits that trial Court has
erred in holding the fact ofewsz dehati nalishi Ex.P/24 and
Dying Declaration (Ex.P/23). He also submits that prior meeting
of minds of appellant and other accused persons as there was no
contact whatsoever between them on the date of incident. There
was so many contradictions in the statements of witnesses and
lodging of FIR report. This case was based on circumstantial
evidence and prosecution witnesses PW/2 and PW/4 has denied
any enmity with the appellant and in dying declaration the
deceased also denied any enmity with the appellant and the
appellant was not present at the spot of incident and in dying
declaration the name of appellant has not been mentioned. He
also submits that the trial Court without any concrete evidence
has involved the appellant in the alleged crime and has
convicted him. Counsel for the appellant has placed reliance
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.6823 OF 2023
(Kapil Sonkar vs The State of Madhya Pradesh)
over the judgment of Apex Court in the case Gopal Singh and
Another vs. State of Madhya Pradesh and Another reported in
(1972) 3 Supreme Court Cases 268 in which it has been held
that when can be sole basis of conviction-Infirmities
-Necessityof corroboration-Assailants named but names of their
fathers or residence not given-Existence of other persons in the
locality bearing the same name as mentioned in the dying
declaration-Also no cause for enmity given-Person named as
one of the assailants proved to be on cordial relations with the
deceased. It is also submitted that final disposal of the appeal is
likely to take sufficient long time. Hence prays for suspension of
sentence and grant of bail to the appellant.
(6) Per contra, counsel for the respondent/State has opposed
the application and prays for its rejection.
(7) Having considered the facts and circumstances of the case
and on considering the evidence of witnesses PW/2 and PW/4 as
well as Dying Declaration and dehati Nalishi report, we are of the
considered opinion that it is a fit case for grant of suspension to
the appellant. Accordingly, application IA No.17014 of 2023 is
allowed.
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.6823 OF 2023
(Kapil Sonkar vs The State of Madhya Pradesh)
(8) It is directed that substantive jail sentence of appellant -
Kapil Sonkar S/o Shri Ranjit Sonkar shall be suspended subject
to his depositing the fine amount (if not already deposited) and on
furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees
One Lakh) with one solvent surety of like amount to the
satisfaction of concerned trial Court for his appearance on
26.04.2024 and on all other subsequent dates as may be fixed by
the Court concerned in this behalf. Accordingly, application IA
No.17014 of 2023 stands disposed of.
(9) As this appeal is already an admitted appeal. Hence list the
appeal for final hearing in due course.
(10) Certified copy, as per Rules.
(S.A. DHARMADHIKARI) (HIRDESH)
JUDGE JUDGE
Arun/-
