Madhya Pradesh High Court
Galiya @ Rakesh @ Hukum vs The State Of Madhya Pradesh on 7 August, 2018
HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
CRA No.5871/2017
(Galiya @ Rakesh @ Hukum Vs. State of MP)
Indore, dated : 07/08/2018:-
Shri GS Yadav, learned counsel for the appellant.
Shri R.Maheshwari, learned counsel for the
respondent/State.
Heard with the aid of case diary.
Heard on IA No.24462/2017, which is first application for suspension of sentence on behalf of appellant Galiya @ Rakesh @ Hukum under Section 389 (1) of Cr.P.C.
Appellant is convicted for the offence under Section 306 of the IPC and sentenced to undergo 10 years RI and fine of Rs.1000/- with default stipulation.
Learned counsel for the appellant contended that the FIR is registered in this case almost after two months of the incident. The conviction of the appellant is only based on the statement of Sandeep PW/02 and Radhabai PW/03 who have improved their statement in the Court while, before the police they have not stated the fact which they have narrated before the Court. The ingredients of abatement could not be established by the prosecution as only allegation made against the appellant is that he entered in the house of deceased, remained there for a while and left thereafter.
Learned counsel for the appellant placed reliance in the case of Girja Shankar Vs. State of MP reported in 2006 (3) MPWN 116 and Hariom Vs. State of MP reported in 2007 (1) MPWN 195 where the learned courts have considered ingredients necessary to constitute the offence under section 306 read with 107 of the IPC.
Learned counsel for the respondent/State opposes the prayer.
I have considered the evidence produced by the prosecution and its appreciation by the learned Trial Court and HIGH COURT OF MADHYA PRADESH BENCH AT INDORE CRA No.5871/2017 (Galiya @ Rakesh @ Hukum Vs. State of MP) have also perused the police statement of Sandeep PW/02. Though, they have not confronted during the examination of this witness before the Court.
Considering the evidence produced by the prosecution before the Court, no case for suspension as prayed for is made out.
Accordingly, IA No.24462/2017 is dismissed. List for final hearing in due course.
(Virender Singh) Judge Sourabh Digitally signed by SOURABH YADAV Date: 2018.08.07 17:23:38 +05'30'