Krishna & Another vs State Of M.P

Heard on I.A. No.5842/2019, an application for suspension of custodial sentence filed by appellant No.2 - Mayabai @ Archana, through video conferencing.

The appellants have filed the present appeal being aggrieved by the judgment dated 13.5.2019 passed by 5th Addl. Sessions Judge, Dhar whereby they have been convicted and sentenced as under :

Section & Act.

Imprisonment

Fine Amount

Imprisonment in lieu  of  default of payment of fine.

326/34 of IPC

5 year RI

1,000/-

1 month RI

323/34 of IPC

10 days

RI 1,000/-

7 days RI

As per prosecution story, on 8.10.2015 near about at 8.30 am., when injured - Santosh was taking a bath in his house, his father Babulal (i.e. accused No.2) called him in his house. After taking bath, he went to the house of Babulal. Accused Babulal asked him as to why he is demanding his photographs again and again which he is not willing not give him. Immediately, accused - Krishna, Sitabai and Mayabai came there and started abusing Santosh by filthy language. Accused - Krishna brought Axe from his house and present appellant - Mayabai brought 'Darata'. Babulal inflicted injury to Santosh by bricks on his head; Sitabai caught hold both hands and thereafter Krishna inflicted injuries by Axe and Mayabai inflicted injuries by 'Darata' and caused to Santosh. He was medically examined by Dr. B.S. Eske. As per the medical report, Santosh received as many as 8 injuries over all parts of his body. After completing the investigation, challan was filed against all the accused. To prove the charges, the prosecution examined 15 witnesses. After appreciating the evidence came on record, learned Addl. Sessions Judge has convicted and sentenced the present appellants, as stated above. Learned Addl. Sessions also convicted the co-accused - Babulal u/s. 323 and sentenced to undergo 10 days RI with fine of Rs.1,000/-; and also Sitabai u/s. 323/34 and sentenced to undergo 10-10 days' RI and to pay fine of Rs.1000-1000/- with default stipulation.

Being aggrieved by the aforesaid, only the appellants i.e. Krishna and Mayabai have preferred the present appeal. The remaining accused persons i.e. Babulal and Sitabai did not prefer any appeal and it seems that they have already undergone the sentence awarded to them.

Shri Vivek Singh, learned counsel appearing for appellants, submits that the appellant No.2 is in jail since 13.5.2019 and she has completed almost one year sentence out of five years and there is no likelihood of early disposal of this appeal in near future. Injured - Santosh is the son of Babulal and younger brother of the appellant - Krishna and there was some property dispute going on between them. To grab the family property, Santosh has implicated his father, mother, brother, and sister-in-law (Bhabhi). The appellant no.2- Mayabai did not cause any injury to Santosh . Santosh came from his house wearing the underwear and started molesting Mayabai and when she objected, he has falsely implicated her. As per the Doctor's opinion, the injuries were not on a vital part of the body and other independent witnesses have turned hostile. During the Corona Covid-19 epidemic breakdown in the country, there is no one the family to look after her minor children, therefore, in the interest of justice, the jail sentence of appellant No.2 - Mayabai be suspended and she be released on bail.

On the other hand, the learned Panel Advocate appearing for the respondent/State opposes the prayer by submitting that the appellant did cause fatal injury to Santosh using 'Darata', therefore, she has rightly been  convicted u/s. 326 with the help of Section 34 of the IPC.

I have perused the record of trial Court. The appellant No.2 is in jail since 13.5.2019 hence she has completed almost one year of sentence out of 5 years. There is no one in the family to look after the children of appellant No.2 during this Corona Covid-19 epidemic breakdown in the country,. There is also no likelihood of early disposal of this appeal soon.

Accordingly, I.A. No.5842/2019 is allowed and it is directed that subject to deposit of fine amount with the trial Court and on furnishing personal bond by the appellant No.2 - Mayabai @ Archana in the sum of Rs.50,000/- (Fifty Thousand only), with one solvent surety in the like amount to the satisfaction of learned trial Court for her appearance before the Registry of this Court, the execution of custodial part of the sentence of the appellant No.2 - Mayabai @ Archana shall remain suspended till the final disposal of this appeal.

The appellant No.2 after being enlarged on bail she shall mark her presence before the Registry of this Court on 27.11.2020 and on all such subsequent dates, which are fixed in this behalf. Before releasing the appellant No.2 from the

custody, the jail authorities are directed to medically examine her in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the apex Court in Writ Petition No. 1/2020.

C.C. as per rules.