Madhya Pradesh High Court
Brajkishor Kaurav vs The State Of Madhya Pradesh on 6 October, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-12233-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 12233 of 2024
(BRAJKISHOR KAURAV AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 06-10-2025
Shri Sushant Tiwari & Shri R.K. Awasthi- Advocates for the
appellants.
Dr. Anjali Gyanani-Public Prosecutor for respondent/State.
Heard on I.A. No.18786/2025 , first application under Section 389(1)
of Cr.P.C. for suspension of jail sentence and grant of bail on behalf of
appellant No.3 - Rustam Singh Kaurav .
This criminal appeal assails the judgment dated 20-09- 2024 passed in
S.T.No.16/2018 by the Additional Sessions Judge, Lahar District Bhind
whereby appellant No.3 has been convicted as under:
Section Imprisonment Fine
Rs.20,000/- with default
302/34 of IPC Life Imprisonment
stipulation.
302/301 and 34 of Rs.20,000/- with default
Life Imprisonment
IPC stipulation.
At the outset, it is submitted by counsel for appellants that case of
present appellant is at par with co-accused/appellant No.2 namely Vivek
Kaurav who is granted benefit of suspension of sentence by this Court vide
order dated 25/08/2025 passed in this appeal. It is further submitted that the
trial Court erred in convicting and awarding jail sentence to present
appellant. He already suffered around 3 years and 4 months of incarceration
as pre and post trial confinement. It is further submitted that the date of
2 CRA-12233-2024
incident is 13-03-2018 and at the time of incident daughter of deceased
Nawab Singh and Chanda namely Shivani was in the house and in her
statement under Section 161 of Cr.P.C. taken on the same day, narrates
incident in a manner that her own father poured kerosene oil over himself as
well as over his wife (mother of Shivani) to put pressure over appellant
No.1-Brijkishore (uncle of the deceased) over family dispute. However,
Brijkishore (co-accused) tried to pacify the deceased Nawab Singh. Later on,
same witness Shivani (PW-3) narrated the incident in same manner and does
not implicate the present appellant for commission of offence. Similarly
father of the deceased namely Narayan (PW-2) in his statement under
Section 164 of Cr.P.C. refers the fact that before dying, his son Nawab
mentioned the fact that it was Brijkishore who poured kerosene oil over him.
Therefore, there is material contradiction between the dying declaration Ex-
P/19, statement of Shivani (PW-3) and statement of Narawan (PW-2).
Learned counsel for appellants refers judgment of Apex Court in the
case of Uka Ram Vs. State of Rajasthan, AIR 2001 SC 1814 to submit that
in case of dying declaration Court is obliged to rule out the possibility of the
statement being the result of either tutoring, prompting or vindictive or
product of imagination. Therefore, case of prosecution becomes vulnerable.
Present appellant has good case on merits and hearing of appeal would take
some time. Thus, prayed for grant of suspension of sentence.
Learned counsel for the State opposed the prayer and prayed for
dismissal of this application. However, she could not point out any
distinguishable feature from the case of co-accused/appellant No.2 namely
3 CRA-12233-2024
Vivek Kaurav.
Considering the arguments advanced by learned counsel for the parties
and the factum of parity vis-a-vis co-accused/appellant No.2 namely Vivek
Kaurav, this Court intends to allow the application for suspension of
sentence (I.A.No.18786/2025).
I f appellant No.3 - Rustam Singh Kaurav furnishes bail bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with one solvent
surety of the like amount to the satisfaction of the trial Court that he shall
appear before the Principal Registrar of this Court on 10-12-2025 and on all
other subsequent dates as may be fixed by the Office for appearance, then he
shall be released on bail and execution of jail sentence is suspended till
disposal of this appeal, subject to deposit of fine amount.
Copy of this order be sent to the trial Court concerned for information
and necessary compliance.
Certified copy as per rules.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
(Dubey)
