Ghanshyam Dhakad & Ors. vs State Of M.P

Shailendra Shukla, J:

Heard on I.A.No.5130/2020, which is application for urgent hearing.

For the reasons mentioned in the application, the same stands allowed and disposed of.

Also heard on I.A.No.5129/2020, which is an application for suspension of jail sentence of the appellant No.3 (Umashankar @ Nirmal Dhakad) who has been convicted and sentenced by the Sessions Judge, Neemuch, in S.T. No.100/13, vide judgment dated 12. 12.2019, as follows :-

Sr.No.

Sentence under  the provisions of IPC

Imprisonment

Fine

In default of payment of fine

302, IPC

Life Imprisonment

Rs.100/-

1 year RI

120B, IPC

Life Imprisonment

Rs.100/-

6 months RI

193, IPC

5 years RI

Rs.100/-

6 months RI

201, IPC

5 years RI

Rs.100/-

1 year RI

212, IPC

4 years RI

Rs.100/-

1 year RI

It has been submitted by learned counsel that two of the co-accused have already been granted bail and the appellant has been roped in only on the basis of memorandum recorded by accused Ghanshyam under Section 27 of Evidence Act and no incriminating article has been seized from the present applicant, so as to link him with crime in question.

Learned Panel Lawyer for the State was also heard who despite offering time has not filed a reply.

In this case, two co-accused persons Umashankar S/o. Badrilal and Mahendra @ Pappu have been granted the benefit of suspension of jail sentence. As far as present appellant No.3 Umashankar @ Nirmal S/o. Ramchandra is concerned, the allegation against him was that he had harbored the main accused Ghanshyam and was involved in conspiracy to commit the murder of unknown person, so that it may be made to appear that the deceased was main accused Ghanshyam only and this was done with a purpose of closure of all the cases under NDPS Act registered against him.

The record was perused.

The evidence of Basant Shrivastava, Investigating Officer (PW-31) is of importance. This witness has submitted that he had received an information through Mukhbir that the main accused Ghanshyam would be passing on a motorcycle with his friend Umashankar (the present appellant). A trap was laid and as per information, a motorcycle was seen coming with two persons riding the same. When the police tried to intercept, both of them left the motorcycle on the road and ran from the spot on foot. While Umashankar could not be caught by the police party, accused Ghanshyam was nabbed. The motorcycle seized from the spot carried the registration No.RJ 27 SW 8676. Later on, the registration and insurance documents of the vehicle were seized from the possession of Umashankar, the present appellant. This clearly shows that it was the motorcycle of Umashankar on which Umashankar and Ghanshyam were travelling and thus, Umashankar was actively involved in harboring and sheltering the main accused Ghanshyam.

There does appear to be doubt as to whether Umashankar was involved in the conspiracy to murder another person so that the murdered person may be identified as Ghanshyam. However, liability under Sections 212 of IPC and 201 of IPC of Umashankar cannot be denied. In such circumstances, no case is made out for grant of suspension of sentence to the appellant No.3 (Umashankar @ Nirmal Dhakad).

Accordingly, I.A.No.5129/2020 stands rejected.