Balchandra vs The State Of Madhya Pradesh
2024 Latest Caselaw 27753 MP

Madhya Pradesh High Court

Balchandra vs The State Of Madhya Pradesh on 3 October, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                                 1                                CRA-929-2024
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE
                                                          CRA No. 929 of 2024
                                                 (BALCHANDRA Vs THE STATE OF MADHYA PRADESH )



                           Dated : 03-10-2024
                                 Shri Brijendrakumar Mishra, counsel for the appellant.

                                 Shri Kamal Kumar Tiwari, G.A. for respondent/State.

Heard on I.A.No.10896/2024, first application under Section 389(1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail on behalf to appellant Balchandra arising out of judgment dated 16.10.2023 delivered by ASJ, Susner, district Shajapur in S.T.No.1/2022.

The appellant has been convicted under Section 302 of Indian Penal Code, 1860 and sentenced to undergo life imprisonment with fine of Rs.1,000/- and in default of fine, one month additional R.I..

According to the prosecution story, on 1.12.2021 at about 8.30 p.m. appellant himself appeared at police station Dehariya, district Agar Malwa and informed that he has murdered his wife Razina by strangulating. On this information, police reached to the spot in village Dehariya. In the house of appellant, Razina w/o Balchandra was lying dead and elder daughter Divya, Simran and son Virendra were crying there. They also informed that their father has caused death of the deceased.

Learned counsel for the appellant submits that eye witnesses are son and daughter of the appellant and deceased. They have been tutored by their maternal relatives. Their evidence is not reliable. Appellant has been falsely implicated in the matter. Material infirmities in the eye witnesses account have been ignored. The appellant has fair chances of success in this appeal. It is further submitted that the appeal being of the year 2024 is not likely to be heard finally in near future. Under such circumstances prayer is made for suspension of jail sentence and grant of bail to the appellant, till final disposal of this appeal.

Per contra, learned Public Prosecutor, appearing on behalf of the respondent/State opposed the prayer on the ground that heinous offence has been committed by the appellant-husband who was duty bound to protect his wife. No explanation has been given by him how his wife died. Medical evidence is also against him. No fault can be found in the finding recorded by the trial court, hence

2 CRA-929-2024 I.A. may be dismissed as appeal as no substance.

Heard learned counsel for the parties and perused the entire record with due care.

In the postmortem report, it has been specifically mentioned that deceased died due to asphyxia. Her hyoid bone was found fractured along with other marks of bruise on neck. The other connecting eye witnesses' account is also available. In view of aforesaid, without commenting on merit, we are not inclined to grant benefit of suspension of sentence and grant of bail to the appellant.

I.A.No. 10896/2024 is accordingly dismissed.

                                    (VIVEK RUSIA)                                (BINOD KUMAR DWIVEDI)
                                        JUDGE                                            JUDGE


                           MK