Dalla vs The State Of Madhya Pradesh
2024 Latest Caselaw 13320 MP

Madhya Pradesh High Court

Dalla vs The State Of Madhya Pradesh on 9 May, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 8488 of 2022
                                            (DALLA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 09-05-2024
                                 Shri Devdeep Singh, learned counsel for the appellant.

                                 Shri G. S. Chouhan,Dy. GA for the respondent/State.

Heard on the question of admission.

Admit.

2. Also heard on I.A.No.19319/2023, which is the first application filed

under Section 389(1) of the Criminal Procedure Code, 1973 for suspension of execution of of jail sentence and grant of bail filed on behalf of the appellant no.1- Dalla.

3. Learned Trial Court have convicted the appellant under Sections 302 r/w section 34 & section 323 r/w 34 of the IPC and has been sentenced to Life imprisonment with fine of Rs.1,000/- and 1 year R.I. (2 counts) with default stipulation for committing the murder of Suraj in furtherance of their common intention and also causing voluntary injuries to Badrilal and Dilip on 31.05.2021 at about 08:30 pm to 09:30 pm in village Dhawaibada, Police Station Deendayal

Nagar, District Ratlam in Session Case No.173/2021 by Session Judge, Ratlam vide judgment dated 08.09.2022.

4. As per the case of prosecution, a quarrel took place between the father of Badrilal and brother of his father with respect to the electricity connection prior 4-5 days of the incident i.e. 31.05.2021. At the relevant time, i.e. on 31.05.2021 Badrilal was sitting out of his house after dinner nearby his house, his cousin Dilip (PW-2) and Suraj (deceased) and he were talking together. At that time, appellant no.1 Dalla with accused persons came there and told to

Suraj and Dilip after abusing them not to insert wire in the D.P. since forth. Suraj told them not to abuse. On that appellant Raju allegedly dealt axe blow on the head of Suraj. The complainant, his sister Sunita (PW-11), Pappi, Govind (PW-5) came to intervene. On that, appellant Dalla caused stick injury on the back of Badrilal while the appellant Kishan assaulted Dilip with stick. When the other members of family came, the appellant told that they will not permit the insertion of electric line through their field and if they did since forth then they will kill them. Injured persons were taken to Government Hospital, Ratlam for treatment. Thereafter, Suraj was referred to Civil Hospital Ahmedabad and during treatment he succumbed to injuries on 02.06.2021 and offence under

section 302 of the IPC was also registered.

5. I.A.No.19319/2023 has been preferred on the ground that the impugned judgment is contrary to law and facts on record. There are strong chances that the appeal preferred on behalf of the appellant will be allowed. The appellant is senior citizen having age of 65 years and does not caused any grievous injury to any. The appellant is willing to abide all those conditions which this Court deems fit to impose upon him. He is ready to furnish adequate surety. The application is supported by the affidavit of Hakri w/o Raju.

6. Learned Dy. GA for the respondent/State opposed the prayer vide reply filed through I.A.No.4292/2024 submitted that the involvement of appellant has been duly proved.

Perused the record and the impugned judgment dated 08.09.2022.

7. The trial Court has acquitted the appellant/accused from the charges of Section 294 and 506 of the IPC and the appellant No.1 Dalla has been

convicted for sharing the common intention of committing the murder of Suraj with the aid of Section 34 of the IPC.

8. The paragraph 8 of the statement of Dilip (PW-2), who is the eye- witness of the incident, states that Raju has assaulted the Suraj with axe on a head and has further explained that when Raju came than appellant no.1 Dalla was inside the house.

9. Considering the statement of Dilip (PW-2), we are inclined to suspend the remaining jail sentence of appellant no.1 Dalla. Accordingly, I.A.No.19319/2023, is allowed.

10. It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with a solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court on 14.10.2024, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

Certified copy as per rules.

List the case for final hearing in due course.

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

                           VS