Madhya Pradesh High Court
Balram Dangi (Deleted) vs The State Of Madhya Pradesh on 6 March, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-9332-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 9332 of 2019
(BALRAM DANGI (DELETED) AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 06-03-2025
Shri Sushil Goswami - Advocate for appellants.
Shri Deependra Singh Kushwah - Additional Advocate General for
respondent/State.
Heard on I.A.Nos.25226/2024 & 5153/2024, applications under
Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail
moved on behalf of appellant Nos.2 & 3- Shambhu Singh Dhangi and
Rajkumar Dhangi.
This criminal appeal assails the judgment dated 25.09.2019 passed in
Sessions Case No.200300/2015 by Fifth Additional Sessions Judge, Vidisha
to the Court of First Additional District & Sessions Judge, Vidisha whereby
appellant Nos. 2 &3 have been convicted under Section 302 r/w Section 149
of IPC and sentenced to undergo life imprisonment with fine of Rs.10,000/-
each and Section 148 of IPC and sentenced to undergo three years' of RI
with fine of Rs.500/- each respectively with default stipulations.
As per prosecution allegation, on demanding of wages for labour work
by the deceased -Baijnath, on the alleged date of incident i.e. 30.08.2015
around 11 in the night, present accused Rajkumar Dangi and Shabmu Singh
Dangi (present appellant Nos. 2 & 3) along with co-accused Balram Dangi,
Raghuraj Dangi and Rajendra Dangi came to the house of the deceased
armed with danda (wooden sticks) and iron rod and knocked the door of the
2 CRA-9332-2019
house of deceased. When the deceased came out, all of the accused
belonging to one family, assaulted him by means of danda (wooden sticks)
and iron rod and thereafter, on seeing the people, they fled away from the
spot. 108 Ambulance was called in which deceased was brought to Vidisha
Government Hospital and admitted at night. During treatment deceased died
at around 1 AM in the night.
It is the submission of learned counsel for appellants that the trial
Court erred in convicting and awarding jail sentence to the appellants. There
are so many contradictions and omissions in the prosecution evidence. The
alleged incident occured in the night of 30.08.2015 at 11 PM, whereas the
deceased was died on 31.08.2015 at around 1 AM and the post-mortem of the
deceased was conducted around 1:45 in the afternoon. Dehatinalisi was
lodged on 31.08.2015 around 3:00 in the afternoon, therefore, there is delay
in lodging the FIR and there is no proper explanation has been given in this
regard. Dr. P.C. Manjhi (PW-12) who conducted the post-mortem of the
deceased did not find any external injury on the person of the deceased.
According to the opinion of the doctor, the cause of death of the deceased
was due to shock because of internal haemorrhage and abdominal injury of
spleen. Duration of the death of the deceased was within 24 hours of post-
mortem examination. It is further submitted by counsel for appellants that
spot map was not supported the prosecution version. Under such
circumstances, learned counsel for appellants prays for suspension of
sentence and grant of bail to the appellants.
On the other hand, learned Additional Advocate General for the
3 CRA-9332-2019
respondent/State opposed the application and submitted that considering the
nature of allegation and the manner in which the accused have committed
offence, they are not entitled for suspension of jail sentence and grant of bail.
Hence, prayed for dismissal of both the IAs.
Shri Goswami, learned counsel prays for suspension of jail sentence
and grant of bail to appellant No.2- Shambhu Singh Dangi on bad health
condition.
Vide order dated 03.12.2024, this Court had directed the State to call
the medical/health status report of appellant No.2- Shambu Singh Dangi
from Central Jail, Bhopal. In pursuance thereof, medical report dated
05.12.2024 has been received from Central Jail, Bhopal, wherein the health
condition of appellant No.2- Shambu has been mentioned as under:-
18. दनांक 25.06.2024 को उ द डत बंद को H/o Recurrent Retention of
Urine (मू माग म बाधा होना) क सम या के िलए शासक य हमी दया अ पताल
भोपाल के यूरोलॉजी वभाग िभजवाया गया। जहां के िच क सा वशेष ारा पर ण
उपरांत सुझाया गया, जो क जेल ड पसर से िनयिमत प से दान कया गया।
19. माननीय यायालय के उ आदे श के प रपालन म दनांक 04.12.2024 को उ
वृ द डत बंद का जेल ड पसर म पुन: वा य पर ण कया गया, जहां पर ण
उपरांत उ द डत बंद ारा वतमान वा य सम या नह बताई गई, एवं पूव से ह
सुझाया गया, उ च र चाप व कमजोर नामक बीमार का िनयिमत उपचार सुझाया
गया, जो क जेल ड पसर से िनयिमत प से दान कया जा रहा है ।
After hearing both the parties and perusal of entire record, especially
the evidence of wife of the deceased - Shanti Bai (PW-2) who is eye witness
of the incident and whose evidence is duly supported the prosecution version,
considering the lash panchnama in which the Investigating Officer
mentioned the injuries on the body of the deceased which is supported by
4 CRA-9332-2019
evidence of Shanti Bai (PW-2) and considering the FSL Report in which
human blood was found on the wooden sticks and iron rod which were
seized from accused Shambu and Rajkumar (present appellants) and the
evidence of Dr. Manjhi (PW-12) who conducted the post-mortem of the
deceased found no external injuries, but opined that the injuries sustained by
the deceased were caused by hard and blunt object and ante-mortem in
nature, in the considered opinion of this Court, appellants are not entitled for
suspension of jail sentence and grant of bail. Accordingly, both the IAs
stands rejected on merits.
So far as the prayer made on behalf of appellant No.2- Shambhu Singh
Dangi for suspension of jail sentence and grant of bail on medical ground is
concerned, on perusal of medical report received from the Central Jail,
Bhopal, this Court does not find it to be a fit case for suspension of jail
sentence and grant of bail to appellant No.2- Shambhu Singh on medical
ground. Accordingly, the prayer is rejected. However, the concerned Jail
Authority is directed to take due care of appellant No.2- Shambu Singh
Dangi.
A copy of this order be sent to the concerned Jail Authority for
information.
Certified copy as per rules.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
*VJ*
