Madhya Pradesh High Court
Hemraj vs The State Of Madhya Pradesh on 5 April, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-5205-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 5205 of 2024
(HEMRAJ Vs THE STATE OF MADHYA PRADESH )
CRA/5120/2024
Dated : 05-04-2025
Shri Omprakash Solanki - Advocate for the appellant.
Shri H.S.Rathore - Deputy Advocate General for the respondent/State.
Shri Shubham Dholpure appearing on behalf of Shri Akhilesh Kumar
Saxena - Advocate for the complainant/obj.
Per Justice Gajendra Singh:
These criminal appeals are heard analogously on the interim
applications filed and are being decided by this common order.
I.A No.10532/2024 and I.A No.10531/2024 which are applications
under Section 301 of the Cr.P.C for permission to engage counsel in the
matter are allowed and disposed off.
1. Heard on I.A No.20368/2024 and I.A No.9156/2024 which are first
applications filed under Section 430 of the BNSS, 2023 for execution of
suspension of jail sentence of the appellant- Hemraj S/o Toliya Baberiya and
Badiya S/o Jheetra respectively.
2. The appellants have been convicted vide judgment dated 06.04.2024
passed in S.T. No.04/2023 by Sessions Judge, Jhabua (M.P.) as under:-
Appellant- Hemraj S/o Toliya Baberiya
Section Act Imprisonment Fine Imprisonment in lieu of fine
302 IPC Life imprisonment 10,000/- 06 months S.I.
201 IPC 07 years R.I. 3,000/- 03 months S.I.
Appellant- Badiya S/o Jheetra
2 CRA-5205-2024
Section Act Imprisonment Fine Imprisonment in lieu of fine
302 IPC Life imprisonment 10,000/- 06 months S.I.
201 IPC 07 years R.I. 3,000/- 03 months S.I.
3. Facts in brief are that appellants have been convicted for
committing the murder of Vijay on 28.09.2022 and causing the dis-
appearance of the evidence of crime by throwing the dead body of the
deceased in well situated at village Pipariya. The offence was committed
alongwith one Badiya.
4. The matter was exposed when dead body was found in the well at
9:00 am on 22.09.2022 and merg No.152/2 was registered at Police Station,
Jhabua. After enquiry the involvement of the appellant Hemraj and Badiya
came to light and crime No.1099/2022 was registered at Police Station
Jhabua on 27.09.2022. After investigation it was found that Naresh (PW-13)
& Vijay (deceased) were returning from Pitol market to dabara by
motorcycle driven by Vijay and at 7:30 pm, motorcycle driven by Vijay was
dashed by another motorcycle driven by Hemraj in village Kalakhut-
Limdabra Road. Badiya was pillion rider in the motorcycle driven by
Hemraj. Hemraj and Badiya caused injuries to Vijay and Naresh. Naresh
escaped and fled to Limdabra Road but Vijay was beaten by Hemraj and
Badiya due to which Vijay died and thereafter they had thrown the dead
body of Vijay into the well. In test identification parade Naresh identified the
appellants.
5. Appreciating the evidence trial Court convicted the appellants.
Appeals have been preferred on the ground that Vijay died in an accident as
3 CRA-5205-2024
per testimony of Ramesh (PW-1) and Resham (PW-2). Naresh (PW-13) has
not supported the case of the prosecution. He has not identified the appellant
in the identification parade. Parvesh (PW-3), Titariya (PW-4), Tarsingh
(PW-6), Janubai (PW-14) and Rajesh (PW-15) have not supported the
prosecution case. Jitendra Singh (PW-18) is also not reliable. Witness of
seizure memo Ex.P/15 has also not supported the prosecution version.
Ex.P/13 does not prove the complicity of the appellant. The provisions of
Section 157 of the Cr.P.C has not been complied with. Ex.P/57 cannot be
relied because no questions have been put in examination under Section 313
of the Cr.P.C. Apart from that same cannot be relied because it was not
admitted by the appellants/accused. Chain of circumstances does not
establish the complete link to prove the complicity of the appellants. Appeal
will take considerable long time for its final disposal.
6. Learned counsel for the respondent/State has opposed the
applications for suspension of jail sentence of the appellants by filing reply
through document No.1611/2025 & 1549/2025 in the respective appeals. It is
mentioned that looking to the nature of the evidence and the entire role of the
appellants they do not deserve to get the benefit of suspension in this case.
He also urged that report Ex.P/15 is prepared by Assistant Chemical
Examiner Govt. of M.P and that report is admissible under Section 293(4)(a)
of the Cr.P.C.
7. Learned counsel for the victim/obj has also opposed the
applications.
Perused the record.
4 CRA-5205-2024
8. Dr. Ankit Marode (PW-7) has opined in para 06 that death of the
deceased is culpable homicide in nature. Naresh (PW-13) has mentioned in
para 7 that he had identified two persons in test identification parade
conducted at District Jail, Jhabua and memos of parade are proved through
Naib Tehsildar- Jitendra Singh (PW-18) as Ex.P/23 and P/24 in which
appellants were identified. Considering the para 02 of Naresh Parmar (PW-
13), we are not inclined to extend the benefit of suspension of jail sentence
of the appellants at present.
Accordingly, I.A No.20368/2024 and I.A No.9156/2024 stands
rejected.
(VIVEK RUSIA) (GAJENDRA SINGH)
JUDGE JUDGE
akanksha
