Madhya Pradesh High Court
Mueenuddin @ Mohiuddin vs The State Of Madhya Pradesh on 5 August, 2021
Author: Prakash Shrivastava
Bench: Prakash Shrivastava
1 CRA-127-2013
The High Court Of Madhya Pradesh
CRA-127-2013
(MUEENUDDIN @ MOHIUDDIN Vs THE STATE OF MADHYA PRADESH) 14 Jabalpur, Dated : 05-08-2021 Heard through Video Conferencing.
Shri Mahesh Acharya, learned counsel for the appellant. Shri Sanjeev Kumar Singh, learned Panel Lawyer for the State. Heard on I.A.No.10095/2020 which is an application for suspension of sentence of the appellant-Mueenuddin Ansari.
The submission of learned counsel for the appellant is that the appellant has completed almost 10 years in custody and there is no eye-witness of the incident and the appellant is more than 60 years of age and at the most it is a case under Section 304 Part-II of the IPC.
Learned counsel for the State has opposed the application and has submitted that there are eye-witnesses and in this regard he has pointed out the statement of PW-1 Farzana Ansari, daughter of the deceased; PW-9 Raeesa Bi, neighbour of the decease; PW-7 Saddam, son of the appellant; and PW-3 Riyaz Ahmed who had seen the appellant running away from the spot immediately after the incident and has submitted that looking to the nature of the evidence it is not a case for suspension of sentence.
The allegation against the present appellant is in respect of causing death of his wife.
Having due regard to the nature of allegation and statement of PW-1 Farzana Ansari, PW-3 Riyaz Ahmed, PW-7 Saddam and PW-9 Raeesa Bi as also the medical evidence on record, we are of the opinion that no case for suspension of sentence is made out. Accordingly, I.A.No.10095/2020 is rejected.
(PRAKASH SHRIVASTAVA) (VIRENDER SINGH)
JUDGE JUDGE
Signature Not Verified
SAN
anand
Digitally signed by ANAND KRISHNA SEN
Date: 2021.08.06 17:02:24 IST
2 CRA-127-2013
Signature Not Verified
SAN
Digitally signed by ANAND KRISHNA SEN
Date: 2021.08.06 17:02:24 IST