RUMAL SINGH KATARIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard o n I.A. No.7656/2023, which is first application under Sec. 389(1) of Cr.P.C. moved on behalf of appellant No.1-Rumal Singh Kataria.

(2.) Appellant No. 1 stands convicted under Sec. 302/149 IPC and sentenced to undergo life imprisonment with fine of Rs.500.00 and under Sec. 147 IPC and sentenced to undergo one month's RI with fine of Rs.100.00 with default stipulations vide judgment of conviction and order of sentence dtd. 7/4/2021 passed by the Second Additional Sessions Judge, Mungaoli, District Ashoknagar (Madhya Pradesh) in Sessions Trial No.181/2012. A s per prosecution story, over a trivial issue of grazing of cattle, a dispute arose between the complainant party and accused persons. However, after heated exchange between the parties, Mohar Singh rushed to his house and came back with Naval armed with lathi. Babbu, Sanjeev, Rumal (present appellant), Bharat Singh, Bhura, Gulab Singh and Panjab Singh also came on the spot followed by Kamtabai and Anitabai. Babbu, Rumal and Bharat alleged to have slapped the deceased and Naval assaulted the deceased-Rakesh with lathi hitting on his waist. Thereafter, Mohar Singh was found to have caused forehead injury with lathi resulting into his death. On the aforesaid allegations, FIR was lodged. After completion of investigation, charge sheet was filed and the case was committed to the Sessions Court. The Sessions Court upon critical evaluation of the evidence placed on record has convicted and sentenced the appellant as referred above.

(3.) Learned counsel for appellants while taking exception to the impugned judgment of conviction and order of sentence submits that appellant No.1-Rumal Singh is innocent and has falsely been implicated. The Sessions Court did not appreciate the relevant piece of evidence. The judgment is based on surmises and conjectures. No specific overt act is alleged against appellant No.1-Rumal Singh. Moreso, co-accused Gulab Kataria, Babulal @ Babbu and Bharat Singh Kataria against whom there was an allegation of slapping the deceased have since been extended the benefit of suspension of sentence and grant of bail vide orders dtd. 06/02/2023, 21/1/2022 and 6/1/2023 passed in connected Criminal Appeal No.2993/2021; hence, prays for suspension of sentence and grant of bail. Per contra, learned counsel for the respondent-State opposes the application with submission that no fault can be found with the conviction ordered by the Sessions Court under Sec. 302 read with 149 of IPC as all the accused persons with common object had assaulted the deceased resulting into homicidal death. Thus, no exception can be taken in the matter of grant of suspension of jail sentence to appellant No.1-Rumal Singh.