Sagar Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 14291 MP

Madhya Pradesh High Court

Sagar Singh vs The State Of Madhya Pradesh on 15 May, 2024

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 1206 of 2022
              (SAGAR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 15-05-2024
      Shri Raj Kumar Singh Kushwaha, Advocate for the appellants.

      Shri Ravindra Singh Kushwaha,            Dy. Advocate General for the
respondent/State.

Heard on I.A. No. 21867/2023 which is first application filed on behalf of appellant No.2-Sumer Singh filed under Section 389 (1)of Cr.P.C. for

suspension of sentence.

The present appellant stands convicted for the offences punishable under Section 148 of IPC and sentenced to undergo RI for 1 year with fine of Rs.200/-; under section 302/149 of the IPC to undergo life imprisonment with fine of Rs.10,000/-; under section 325/149 to undergo RI for 2 years with fine of Rs.2000/-; under section 323/149 (on six counts) to undergo RI for 6 months with fine of Rs.500/- on each count; with corresponding default stipulations vide impugned judgment dated 30/12/2021 passed by Third Additional Sessions Judge, Guna in S.T. No.400238/2014.

As per prosecution story, there was a free fight between a group of 7-7 persons. They caused injuries to each other resulting into registration of two FIRs at Crime Nos. 108/2014 and 110/2014 at Police Station Myana, District Guna. The dispute arose because on 20/5/2014 buffaloes of Kaptan Singh, Sumer Singh and Bharat Singh had entered into the field of one Raju. On 21/5/2014, accused persons came armed with Lathi and Luhangi and started abusing the complainant party. A free fight started between them. Anand sustained fatal injury on his head and died, while others sustained minor injuries.

Learned counsel for the appellant submits that the present appellant has been convicted under section 302 with the aid of S.149 of the IPC. In a case of free fight when both the parties sustain injuries, S.149, IPC loses its effect and individual role is liable to be seen. So far as conviction in other offences is concerned, the present appellant has already undergone the custodial sentences. The main allegation of causing injury on the head of the deceased is against Kaptan Singh and Sughar Singh, due to which Anand died. So far as the role of present appellant Sumer Singh is concerned, as per evidence of Harnam (PW1), he is said to have caused injury on the back portion of head of Anand by means of a Lathi, but as per post mortem report and statement of Dr.

Manish Jain (PW3), no such injury was found on the back side of his head. On such premise, prayer for suspension of custodial sentence is made.

Learned Deputy Advocate General opposes the prayer and prays for its rejection.

Considering the overall facts and circumstances of the case we deem it proper to suspend the remaining custodial sentence of the appellant no.2-Sumer Singh. Accordingly, execution of remaining jail sentence of the appellant no.2- Sumer Singh is hereby suspended and it is ordered that the appellant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited) with a further direction to appear before the Registry of this Court on 13.08.2024 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

The I.A., accordingly, stands allowed.

In cross-case, the complainant party has been convicted under sections 148, 325/149 and 323/149 of the IPC and Cr.A. No.770/2022 is pending consideration.

List along with Cr.A. No.770/2022.

    (VIVEK RUSIA)                                 (RAJENDRA KUMAR VANI)
       JUDGE                                              JUDGE

(and)