RANJEET Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Matter is heard through video conferencing. Record of the court below has been received. Heard on the question of admission. Admit. Also, heard on I.A.No.3345/2020 filed by the appellants/accused under section 389 (1) of Cr.P.C . for suspension of their jail sentence awarded by the Court of 1st Additional Sessions Judge, Raisen in S.T. No.12/2019 vide its judgment dated 07.02.2020 convicting the appellants/accused under section 326 r/w Section 34 of the IPC and sentenced them to undergo RI for 7 years with fine of Rs.2,000/- with default stipulation, as mentioned in the impugned judgment.

(2.) As per prosecution case, complainant Dinesh Gaur (PW-1) lodged FIR to the effect that on 07.11.2018 at about 2.30 P.M. his brother Bhagat Singh (PW-2) went to the Hipsili three-way for washing truck along with his niece Anjali Gaur, nephew Anshul Gaur and son Sudeep Gaur. After sometime they all came back to the home and told him that three person was beating Bhagat Singh then complainant went to the spot and saw that Bhagat Singh was lay down there. Then owner of the Bhavani compressor told them that driver of Mannendra Patel assaulted him and uttered frit slogan against the injure. It is also alleged that he saw the injury on the head, right eye and left leg of the injured. The complainant and his companions immediately took injured to hospital. Subsequently, FIR was lodged against some unknown persons, police reached the spot and prepare spot map and statement of the witnesses were recorded. Thereafter, the appellants made an accused in this case.

(3.) Learned counsel for the appellants submits that appellants-accused have been falsely implicated in this case. He further submits that appellants- accused are not named in the FIR. The statement of injured Bhagat Singh (PW-2) was recorded after 34 days of the incident. Appellants-accused are named in the police statement. Bhagat Singh PW-2 deposed before the trial court that he already knew the name of appellants-accused. He knew the name of the appellants-accused at the time of lodging the FIR also but appellants- accused are not named in FIR. Dinesh (PW-1) reached to the spot but Bhagat Singh (PW-2) did not tell the name of the appellants-accused to his brother Dinesh (PW-1). PW-1 deposed in his statement that his niece and nephews also told the name of the appellants-accused to him inspite of that he did not mention the name of the appellants in the FIR. Dr. R.K. Balaiya (PW-6) examined injured Bhagat Singh (PW-2) vide report Ex. P-7 in which he (PW- 6) also did not disclose this fact that injured Bhagat Singh told the name of the appellant-accused to him. Apart from this, there are material contradiction and omissions in the statement of the witnesses. Dr. R.K. Balaiya (PW-6) admitted this fact that injury can be caused due to fall. There is no material available on the record on which it can be said that appellants-accused are driver of Mahendra Patel, appellants-accused are in jail since 07.02.2020. This appeal is of year 2020 and trial will take time to conclude due to COVID-19. There is fair chance to succeed in the appeal. There is no likelihood of their absconding and tampering with the evidence. Under the circumstances, if the sentence of the appellants is not suspended, their right to file appeal will be futile. Hence, prayer is made for suspension of their jail sentence and grant of bail.