Magarsingh vs The State Of Madhya Pradesh
2024 Latest Caselaw 12286 MP

Madhya Pradesh High Court

Magarsingh vs The State Of Madhya Pradesh on 2 May, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                                1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                         CRA No. 671 of 2017
                                                (MAGARSINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 02-05-2024
                                    Shri Ravindra Singh Parmar - Advocate for the appellant.

                                    Shri Kamal Kumar Tiwari - Government Advocate for the respondents

State.

Heard on I.A.No.2327/2024, which is the first application filed under Section 389 of Cr.P.C. for suspension of jail sentence and grant of bail moved

on behalf of the sole appellant - Magarsingh S/o Bhavsingh Bhil.

2 . The appellant stands convicted vide judgment dated 19.09.2016 passed by the Additional Sessions Judge, Kukshi, District Dhar,(MP) in Session Trial No.162/2016 for offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.5,000/- with default stipulations.

3. As per the prosecution story on 28.03.2016 at 06:00 PM appellant Magarsingh was carrying a pouch of country made liquor, the deceased Ram Singh asked the appellant accused to provide liquor from the pouch of country

made liquor that the appellant accused was carrying and destroyed the pouch due to this the dispute arose and the appellant accused inflicted injury by stick on the head, face and chest of the deceased Ram Singh. Ram Singh was taken to the Hospital and a Crime No. 114/2016 was registered at Police station Baag, District Dhar (M.P) under Section 323, 294, 506 of the IPC on the intimation of Rai Singh. In hospital Ram Singh was declared dead and the matter was registered under Section 302 of the IPC also.

4. Learned counsel for the appellant has submitted that the appellant is

innocent and he has been falsely implicated in the case. This application has been preferred on the ground that there was no intention to kill the deceased nor any mens-rea to commit the offence of murder. The incident was happened just under heat and passion due to petty issue of snatching alcohol pouch which fall down on the earth. There is material contradiction occurred in medical as well as in ocular evidence of witnesses. The medical evidence does not corroborate with oral evidence of witnesses. The appellant is the sole bread earner of the family and he is in jail since 30.03.2016 and has served the sentence of more than 8 years. It is also submitted that in case if assumed that the prosecution case may be true then the offence may consider under Section

304 Part-II because the appellant may have the knowledge that by his overact, deceased died, but had no intention to commit murder of the deceased. The application is supported by the affidavit of Guman Panchal, S/o Ratan Singh. Therefore, in such circumstances, it is prayed that the jail sentence of appellant be suspended and he be released on bail.

5. Learned counsel for the respondent/State has opposed the application by filing reply through Document No. 3926 of 2024 on the ground that the Doctor H.S. Muvel (PW-8) has opined cause of death as Neurological shock which was caused due to injury in the head of the deceased and the stick recovered from the spot was stained with blood and Doctor has opined that injury to the victim may be caused from the stick recovered and therefore, the appellant/accused is not entitled for suspension of jail sentence.

6. Heard learned counsel for the parties and perused the record.

7. Considering the genesis of the incident in the light statement of Rai Singh (PW-1) para 04 (line No. 5 to 8), para 05 (line No. 1 to 2) and statement

of Lal Singh (PW-2) para 05 (line No.2 to 3) & (line No.8 to 9) and looking to the period of custody and the fact that final disposal of this appeal is not possible in near future, without expressing any opinion on the merits of the c as e, I.A.No.2327/2024 i s allowed and jail sentence of the appellant is suspended.

8. It is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on furnishing 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 Trial Court. Appellant shall appear before the concerned Court firstly on 09.09.2024, and on such other dates, as may be fixed by the concerned Court in this regard, till final disposal of this appeal.

Accordingly, I.A.No.2327/2024 stand disposed of.

List the appeal for final hearing in due course.

                              (S. A. DHARMADHIKARI)                                    (GAJENDRA SINGH)
                                       JUDGE                                                JUDGE

                           rashmi