Shankar Pratap Singh Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1040771
CourtMadhya Pradesh High Court
Decided OnJul-18-2012
AppellantShankar Pratap Singh
RespondentThe State of Madhya Pradesh
Excerpt:
criminal appeal no.2374/2011 18.07.2012 appellant kasim khan by shri r.s.patel, advocate. state by shri umesh pandey, learned government advocate. heard on ia no.1259/2012, an application under section 389(1) of code of criminal procedure, 1973 for suspension of sentence. appellant has been convicted u/s 364 and 302 indian penal code for committing abduction and murder of ishwardeen, ramesh singh, malkhan singh and prahlad singh and sentenced to life imprisonment and five years r.i.on four counts. according to prosecution on 3.8.2001 at about 5.00 p.m.deceased persons alongwith ramkrishna (pw/1).geetabai (pw/4) and mahendra singh (pw/6) going in a tractor, were accosted by appellant and 12 other persons. co-accused chhoteraja dealt a lathi blow to lokendra singh @ pappu, driver of the tractor (pw/8) and they abducted four deceased persons on gunpoint. on the next day i.e.4.8.2001, dead bodies of the deceased persons were found in a field. shri r.s.patel, learned counsel for the appellant submits that deceased persons had died accidental death. evidence of dr. munnilal choudhary (pw/11) also corroborates this fact. ramkrishna, son of deceased ishwardeen (pw/1) also admitted the fact that tractor carrying the deceased persons met with an accident and dead bodies of the deceased persons were found having bandages on their injuries. no gunshot injury was found on the bodies of deceased persons. investigating officer (pw/22) did not seize the tractor. the deceased person ishwardeen was facing murder trial of bhartendra singh son of the co-appellant shankar prasad. prosecution did not come with truthful story. learned counsel for the state submits that there is no sufficient evidence and material on record against the appellant showing his involvement in the incident. allegations are very serious resulting four deaths in the incident. taking into the medical evidence and the evidence of pw/1 into consideration and in view of the contentions advanced by learned counsel for the parties and particularly in view of the fact that the appellant has suffered eight years and there is no likelihood of hearing of this appeal in near future, we deem it feasible to grant bail to the appellant. execution of jail sentence of appellant kasim khan is suspended and he is directed to be enlarged on bail on his furnishing a personal bond in the sum of rs.40,000/- (rs.forty thousand only) and a surety bond in the like amount to the satisfaction of the trial court for his appearance before the registry of this court on 5th november, 2012 and on such other subsequent dates as may be fixed by the registry in this regard. i.a.no.1259/2012 is allowed as indicated above. certified copy as per rules. (rakesh saksena) (t.k.kaushal) judge. judge. ys/
Judgment:

Criminal Appeal No.2374/2011 18.07.2012 Appellant Kasim Khan by Shri R.S.Patel, Advocate.

State by Shri Umesh Pandey, learned Government Advocate.

Heard on IA No.1259/2012, an application under Section 389(1) of Code of Criminal Procedure, 1973 for suspension of sentence.

Appellant has been convicted u/s 364 and 302 Indian Penal Code for committing abduction and murder of Ishwardeen, Ramesh Singh, Malkhan Singh and Prahlad Singh and sentenced to life imprisonment and five years R.I.on four counts.

According to prosecution on 3.8.2001 at about 5.00 p.m.deceased persons alongwith Ramkrishna (PW/1).Geetabai (PW/4) and Mahendra Singh (PW/6) going in a tractor, were accosted by appellant and 12 other persons.

Co-accused Chhoteraja dealt a lathi blow to Lokendra Singh @ Pappu, driver of the tractor (PW/8) and they abducted four deceased persons on gunpoint.

On the next day i.e.4.8.2001, dead bodies of the deceased persons were found in a field.

Shri R.S.Patel, learned counsel for the appellant submits that deceased persons had died accidental death.

Evidence of Dr.

Munnilal Choudhary (PW/11) also corroborates this fact.

Ramkrishna, son of deceased Ishwardeen (PW/1) also admitted the fact that tractor carrying the deceased persons met with an accident and dead bodies of the deceased persons were found having bandages on their injuries.

No gunshot injury was found on the bodies of deceased persons.

Investigating Officer (PW/22) did not seize the tractor.

The deceased person Ishwardeen was facing murder trial of Bhartendra Singh son of the co-appellant Shankar Prasad.

Prosecution did not come with truthful story.

Learned Counsel for the State submits that there is no sufficient evidence and material on record against the appellant showing his involvement in the incident.

Allegations are very serious resulting four deaths in the incident.

Taking into the medical evidence and the evidence of PW/1 into consideration and in view of the contentions advanced by learned counsel for the parties and particularly in view of the fact that the appellant has suffered eight years and there is no likelihood of hearing of this appeal in near future, we deem it feasible to grant bail to the appellant.

Execution of jail sentence of appellant Kasim Khan is suspended and he is directed to be enlarged on bail on his furnishing a personal bond in the sum of Rs.40,000/- (Rs.Forty Thousand Only) and a surety bond in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 5th November, 2012 and on such other subsequent dates as may be fixed by the Registry in this regard.

I.A.No.1259/2012 is allowed as indicated above.

Certified copy as per rules.

(Rakesh Saksena) (T.K.Kaushal) Judge.

Judge.

YS/