Madhya Pradesh High Court
Pankaj Sharma vs The State Of Madhya Pradesh Judgement ... on 9 October, 2013
Criminal Appeal No. 2081/2010
9/10/2013
Shri S.C. Datt, Senior Counsel with Shri Siddharth
Datt, learned counsel for the appellant.
Shri R.S. Shukla, learned Public Prosecutor for the
respondent/State.
They are heard on I.A. No. 22667/13, which is the fourth application for suspension of sentence and grant of bail filed on behalf of appellant Pankaj Sharma. One application was allowed on temporary basis and appellant was enlarged on bail for a limited period on account of pregnancy of his wife. The other two applications were dismissed as withdrawn.
Appellant stand convicted for the offence punishable under section 302 of IPC and has been sentenced to suffer Life Imprisonment with fine of Rs. 1000/- with default stipulations as mentioned in the impugned judgment.
The contention of learned counsel for the appellant is that as per prosecution's own case two hours earlier to the incident, the deceased after consuming the liquor had gone to the house of appellant and quarreled with him as a result of which sisters of appellant went to the police station and lodged the report that she was giving threat that after pouring the kerosene she will falsely implicate the appellant which is entered in the Rojnamcha (Exhibit D-3) at 16:30 hours on 1/02/2009. Eventually, one ASI arrived at the spot and carried the deceased who was alive at that juncture and he also found that she was in heavy drunken stage and in that condition, ASI brought her to home. Thereafter, she again went to the house of appellant and quarreled with him as a result of which appellant poured the kerosene upon the deceased and his mother lit the matchstick upon the deceased, as a result of which she sustained burn injuries. The deceased had died one month after the incident. It is further contended that as per prosecution's own case, Dehati Nalisi (Exhibit P-7) was lodged by the deceased stating that appellant poured the kerosene oil while burning matchstick was thrown by mother of the appellant. However, in the dying declaration (Exhibit P-22) the version has been changed and it has been stated that appellant had thrown the burning matchstick upon her after pouring the kerosene oil by mother of appellant. The mother of appellant has been acquitted from the said charges. Hence, it has been submitted that two dying declarations are inconsistent to each other and therefore, the benefit of doubt may be given to appellant.
On the other hand, Shri R.K. Shukla, learned Public Prosecutor has vigorously opposed the bail application and prayed that the same be dismissed.
Looking to the facts and circumstances of the case and also on going through the record without commenting on merits of the case, we are of the view that this application deserves to be allowed. It is hereby directed that execution of remaining jail sentence of appellant Pankaj Sharma shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One lac) with one solvent surety in the like amount to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 25/02/2014 and thereafter on further dates as may be directed by the Registry of this Court in that regard.
Certified copy as per rules.
(A.K. Shrivastava) (G.S. Solanki)
Judge Judge
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