Gajraj @ Gajjupuri Goswami vs The State Of M.P
2025 Latest Caselaw 6381 MP

Madhya Pradesh High Court

Gajraj @ Gajjupuri Goswami vs The State Of M.P on 21 August, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                              1                                 CRA-5206-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 5206 of 2024
                                            (GAJRAJ @ GAJJUPURI GOSWAMI Vs THE STATE OF M.P )



                           Dated : 21-08-2025
                                 Shri Tausif Ahmed Ansari, learned counsel for the appellant.
                                 Shri Nitin Gupta, learned Public Prosecutor for the respondent/State.

Shri Shivam Chhalotre, learned counsel for the objector.

Heard on I.A. No.28140/2024, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant-

Gajraj alias Gajjupuri Goswami, S/o Badripuri Goswami.

This appeal is filed being aggrieved of the judgment dated 16/11/2022 passed by the learned Sessions Judge, Narmadapuram in Sessions Trial No.29/2022 convicting the appellant for the offence under Section 304 Part- II read with Section 34 of the I.P.C and sentencing him to undergo rigorous imprisonment for seven years.

It is apparent that incongruent suggestions have been given to two witnesses i.e. Ganesh Rajput (PW-2) and Dr.Tarun Choudhary (PW-

13). Ganesh Rajput (PW-2) deposed that deceased had fallen down from a

staircase whereas learned counsel for the appellant before the trial Court had a given a suggestion to the concerned doctor that injuries could have been sustained if a person falls from a moving motorcycle. This incongruency in the cross-examination causes dent to the story of the defence. In view of such facts, when there are other witnesses who are categorically stated that deceased was beaten with a lathi by the present appellant-Gajraj alias

2 CRA-5206-2024 Gajjupuri Goswami, we do not find any substance in entertaining this application.

Accordingly, I. A. No.28140/2024 is dismissed.

                                (VIVEK AGARWAL)                         (AVANINDRA KUMAR SINGH)
                                     JUDGE                                       JUDGE
                           ts