Madhya Pradesh High Court
Suresh @ Suraj vs The State Of Madhya Pradesh on 27 May, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 14481 of 2023
(SURESH @ SURAJ Vs THE STATE OF MADHYA PRADESH)
Dated : 27-05-2024
Shri Manish Yadav, learned counsel for the appellant.
Shri G S Chouhan, learned Deputy Advocate.
In compliance of the order dated 09.05.2024 passed by this Court, the
record of the Trial Court was not sent back but it is noticed that in the 'B' part
of the file containing un-exhibited documents and miscellaneous papers from
Page 1 to 211, the document of page No.27 is the document which the Trial
Court has mentioned as Ex. P/22 but has not been included in the list of
documents admitted in the evidence at page No.49 and the said documents
does not bear entry of case number, witness number, date of exhibition and
signature of Presiding Officer.
2. This matter is listed for hearing of I.A. No.17456/2023, which is an
application under Section 389 (1) of Cr.P.C. for suspension of remaining jail
sentence and grant of bail moved on behalf of sole appellant Suresh @ Suraj
and that can be decided with the available of record. So I.A. No.17456/2023 is
being decided.
Heard on I. A. No.17456/2023.
3. The appellant has been convicted for the offence punishable under
Section 302 of IPC and sentenced to undergo life imprisonment and fine of
Rs.2000/- with default stipulation vide judgment dated 20.10.2023 in Session
Trial 15/2011 by District Judge, Badwani.
4. As per prosecution, the appellant intentionally committed the murder
Signature Not Verified
Signed by: PRAVEEN
Signing time: 28-05-
2024 19:14:50
2
of his wife i.e. Saina at his house on 03.12.2020 at about 12:00 PM by ablazing
fire on her being annoyed of rumours relating to character to his wife.
5. This application has been preferred on the ground that the impugned
judgment is erroneous on law and facts. There is no documentary evidence
against the appellant. There is contradiction and omission in the statement of
the prosecution witnesses. There is no direct evidence against the appellant.
The prosecution has failed to prove its own case beyond reasonable doubt
against the appellant.
6. Counsel for the respondent/State has filed reply vide document
No.13142/2023 submitting that the learned Trial Court in para 15,16, 29, 30, 34
and 35 of the impugned judgment has observed the basis of the conviction of
the appellant and has confirmed the presence and active involvement of
appellant in committing the murder of the deceased. The offence is heinous in
nature and it is crime against the society.
We perused the impugned judgment and entire record available with the
file.
7. The wife of the appellant sustained bodily injuries by fire on
03.12.2020 at about 12:00 PM in Village Umariya, Police Station Rajpur,
District Barwani and she scummed to injuries on 08.12.2020 at about 08:50 Am
in M.Y. Hospital, Indore and as per para 34 of impugned judgment, the Trial
Court has based the conviction of the appellant on the dying declaration
(Ex.P.9) recorded by the Naib Tehsildar Jagdish Bilgawe (PW-19) on
03.12.2020 at about 02:40 PM in District Hospital Badwani, oral dying
declaration given by deceased to her parents i.e. Sildar (PW-2) and Jamunabai
(PW-3) (father and mother respectively) and dying declaration (Ex.P/22)
recorded by inspector Ajay Rajoriya (PW-14) on 07.12.2020.
8. Considering the above in the light of Dr. Deepak Awasya (PW-8), we
do not find the fit case to allow the application under Section 389(1) of Cr.P.C.
at present moved by sole appellant for suspension of remaining jail sentence.
Accordingly, No.17456/2023 is rejected at present.
9. Office is directed to send back the record of Session Trial
No.15/2021 to the Trial Court with a direction to forward the same after
arranging the record properly with an explanation for not arranging and marking
the exhibits properly.
10. The Principal Registrar is directed to seek explanation from the
concerned Official for not complying with the order dated 09.05.2024 and take
necessary steps.
(S. A. DHARMADHIKARI) (GAJENDRA SINGH)
JUDGE JUDGE
Praveen
