ANKIT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No.16142 of 2023, which is the first application for suspension of sentence and grant of bail filed under Sec. 389(1) of the Cr.P.C. on behalf of appellant - Ankit @ Mohit.

(2.) The appellant has been convicted by the trial Court under Ss. 302/149, 324/149 and 147 of IPC and sentenced to undergo RI for life, RI for one year and RI for 6 months with fine of Rs.10,000.00, 2000/- and 1000/- respectively, with default stipulations, vide judgment of conviction and sentence dtd. 28/8/2019 passed by Special Judge (Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act), Balaghat, District - Balaghat in SC No.102/2014.

(3.) Learned counsel for the appellant submits that no previous application was dismissed on merit. The appellant has remained in actual custody for more than four years. The appellant has no criminal record. Certain other co-accused persons were tried under the Juvenile Justice (Care and Protection of Children) Act because they were below the age of 18 years. The appellant was aged about 18 years and few months at the time of incident. The incident had taken place suddenly. There was no pre-meditation / motive. The prosecution could not establish with certainty that this appellant had any intention to cause death of Praveen Uikey. PW-3 is an injured eye witness who recorded the dehatinalsi by name. However, his cross-examination shows that he categorically admitted that at the time or before the incident, he was not aware about the name of the present appellant and other co-accused persons. Thus, the name of appellant is erroneously recorded in the dehatinalsi and it creates serious doubt about the prosecution story. No weapon is recovered from the appellant. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of the appellant may be suspended.