Harikishan @ Majnu vs The State Of Madhya Pradesh
2025 Latest Caselaw 5550 MP

Madhya Pradesh High Court

Harikishan @ Majnu vs The State Of Madhya Pradesh on 13 March, 2025

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                             1                               CRA-13858-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 13858 of 2024
                                    (HARIKISHAN @ MAJNU AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 13-03-2025
                                 Shri Manoj Kushwaha - Advocate for appellants.
                                 Shri Yogesh Dhande - Government Advocate for respondent/State.

Heard on I.A.No.32576/2024, which is first application filed under Section 430 of Bhartiya Nagrik Suraksha Sanhita, 2023, for suspension of jail sentence and grant of bail on behalf of appellant No.1 - Harikishan @

Majnu and appellant No.2 - Smt. Guddan.

The appellants have been convicted for the offences punishable under Section 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs.5,000/- with default stipulations vide judgment of conviction and order

of sentence dated 03.12.2024 passed by 3rd Additional Sessions Judge, Chhatarpur, District Chhatarpur (M.P.) in S.T. No.82/2021.

This first joint application filed on behalf of appellants has been argued on the grounds that appellants have been falsely implicated in this case; Hetram @ Hittu (deceased) had entered into their house on the night of

incident and had violated the modesty of 10 years old girl of their family; it is claimed that when villagers came to know about the fact they all arrived in the house of appellants and gave a threshing to Hetram resulting into his death; it has also been argued that FIR was lodged against deceased on the night of incident itself regarding the act of sexual abuse; it has, therefore, been prayed that the application be allowed and sentence be suspended.

2 CRA-13858-2024 Learned counsel for the State has opposed the application on the ground that no evidence was led to establish that Hetram was attacked by villagers and not by appellant; the FIR allegedly lodged by the appellants against deceased was never placed on the record of trial Court and any such FIR, if it exists, cannot be taken into consideration at this belated stage; appellants had brutally assaulted Hetram resulting into eleven injuries on his person while he was an unarmed person. It is, therefore, requested that the application should be dismissed.

Heard counsel for the parties and perused the record. Having considered the rival submissions and the facts available on record, this Court is not inclined to allow the application.

The application is, therefore, dismissed.

List for final hearing in due course.

                           (SUSHRUT ARVIND DHARMADHIKARI)                       (ANURADHA SHUKLA)
                                     JUDGE                                            JUDGE
                           NP/ps