Madhya Pradesh High Court
Sikander Khan vs The State Of Madhya Pradesh on 23 February, 2018
THE HIGH COURT OF MADHYA PRADESH
1
Cr.A. No. 56/2015
(SIKANDAR KHAN VS THE STATE OF M.P. )
Gwalior, Dated :23/02/2018
Shri Harendra Sharma, learned counsel for the
appellant.
Shri J.M. Sahani, learned Public Prosecutor for the
respondent-State.
This Criminal Appeal assails the judgment dated 17/12/2013 in S.T. No. 585/2013 passed by the Sessions Judge, Gwalior (M.P.) whereby the appellant has been convicted u/s. 302 of IPC and sentenced to suffer life imprisonment with a fine of Rs. 500/- with default stipulation.
IA No. 85/2018, first application for suspension of sentence moved on behalf of appellant Sikandar Khan is taken to be considered alongwith reply filed by the State which does not disclose presence of antecedents alleged against the applicant.
Prosecution story found to be proved is that on 11/09/2013 due to animosity between the appellant and deceased Iqbal Khan arguments and altercation took place between them and appellant thereafter appellant doused the deceased with kerosene oil and lit him on fire. The deceased left behind dying declaration Ex.P.9 recorded by Tehsildar (P.W.7) which reiterated the above said story and categorized the incident to be homicide. However, in the statement of eye witness Madeena (P.W.2) wife of the deceased THE HIGH COURT OF MADHYA PRADESH 2 Cr.A. No. 56/2015 (SIKANDAR KHAN VS THE STATE OF M.P. ) recorded before the Trial Court the incident was revealed to be suicide, where her husband/deceased in the heat of the moment poured kerosene oil on himself and lit himself on fire in the presence of appellant. This whiteness Madeena (P.W.2) is sole eye witness who's testimony remained intact in cross examination. Another witness Iqbal Mohammd (P.W.1) neighbour of the deceased who is an not an eye witness has stated that he saw the wife of the deceased Madeena (P.W.2) crying out that her husband (deceased) has set himself on fire.
Dying declaration does not have the endorsement that the same was read over to the deceased after being recorded. Appellant has suffered more than four years incarceration and he has no criminal antecedents.
Accordingly, IA No. 85/2018 is allowed and it is directed that the jail sentence of the appellant Sikandar khan will remain under suspension subject to the verification that the amount of fine has been deposited, on the appellant furnishing bail bond of Rs.1,00,000/- with two solvent sureties each of Rs.50,000/-, to the satisfaction of CJM, Gwalior (M.P.) for his appearance before the concerned CJM on 26/03/2018 and all other subsequent dates as may THE HIGH COURT OF MADHYA PRADESH 3 Cr.A. No. 56/2015 (SIKANDAR KHAN VS THE STATE OF M.P. ) be fixed by the concerned C.J.M. In case, the appellant is found absent on any date fixed by the concerned C.J.M then the said C.J.M shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed. Certified copy as per rules.
(Sheel Nagu) (S.A.Dharmadhikari)
Judge Judge
Prachi
Digitally signed by PRACHI
MISHRA
Date: 2018.02.24 15:36:36 +05'30'