Madhya Pradesh High Court

Pappu @ Suraj Baiga vs The State Of Madhya Pradesh on 1 May, 2024

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                         CRA No. 822 of 2016
                                            (PAPPU @ SURAJ BAIGA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 01-05-2024
                                  Shri Vivek Shukla - Advocate for the appellant.

                                  Shri Arvind Singh - Government Advocate for the respondent/State.

I.A.No.29269/2023 is an application filed on behalf of the applicant/appellant Pappu @ Suraj Baiga seeking suspension of sentence during the pendency of Cr.A. No.822/2016. He has been convicted and sentenced to

undergo R.I. for life with fine of Rs.1000/- under Section 302 IPC with default stipulation.

The FIR was registered at the instance of Ramkumar Baiga (brother of the deceased), though wrongly mentioned as Rajkumar in the impugned judgment. This fact has been verified from the copy of FIR (Ex.P/3) on record. The occurrence took place on 29.11.2013 in the night at about 12:10 A.M.,when sister of the complainant Sangeeta and her mother were sleeping in one room and brother was sleeping in the second room. The appellant came there duly armed with Kuladi and inflicted Kuladi blow on the neck of Sangeeta in order

to kill her. Due to Kuladi blow, Sangeeta died. Daughter of Sangeeta namely Guddan raised an alarm and on hearing the alarm, the complainant-Ramkumar and his brother Rajkumar attracted to the spot and thereafter, the appellant fled away from there. The occurrence has been witnessed by the parents, complainant, his wife and wife of his brother. Learned counsel for the appellant submits that out of total sentence awarded to the appellant, he has undergone 10 years and 04 months of actual sentence as on date. The complainant- Ramkumar, who is witness of seizure and memorandum of the appellant has not

supported the case of prosecution. Guddan daughter of the deceased has not been examined. The father of the deceased namely Rameshwar in his testimony while appearing as PW/1 has admitted that he could not see anything due to darkness. Similarly, Bhabhi of the deceased namely Mayawati while appearing as PW/2 also admitted darkness at the place of occurrence. The complainant (PW/4) the brother of the deceased in his statement has admitted that he never told the police that he had seen the incident. With reference to FSL report, learned counsel for the appellant submits that though human blood was detected on the weapon of the offence, but the same would remain inconclusive for want of grouping. No link evidence has been collected by the

police/prosecution to show that the blood group of the deceased was a particular blood group, which was found on the weapon of the offence.

Per contra, learned State counsel opposed the prayer on the premise that the appellant is the sole convict who has caused gruesome murder of Sangeeta b y Kuladi blow and the occurrence has been witnessed by many family members of the deceased.

Looking to the custody of 10 years and 04 months already undergone by the appellant, we deem it appropriate without recording any finding on the merits to suspend the remaining sentence of the appellant. It is directed that the appellant be released on bail subject to his executing adequate bail bond and surety bond to the satisfaction of the Chief Judicial Magistrate concerned with a further direction to appear before the trial Court concerned on 22.08.2024 and also on such other dates, as may be fixed by the trial Court in this regard, during the pendency of this appeal.

Accordingly, I.A. No.I.A. No.29269/2023 is allowed.

Certified copy as per rules.

                               (RAJ MOHAN SINGH)       (VIVEK JAIN)
                                     JUDGE                JUDGE

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