Sumer Singh @ Nana vs The State Of M.P. on 6 January, 2025

Madhya Pradesh High Court

Sumer Singh @ Nana vs The State Of M.P. on 6 January, 2025

                                                           1                              CRA-6491-2023
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                   CRA No. 6491 of 2023
                              (CHILD-IN-CONFLICT WITH LAW Vs THE STATE OF MADHYA PRADESH AND OTHERS )

                                                          CRA/9387/2024
                                   (SUMER SINGH ALIAS NANA Vs. STATE OF MADHYA PRADESH)
                           Dated : 06-01-2025
                                 Shri Ritu Raj Bhatnagar, learned counsel for the appellants/child-
                           in-conflict with law in CRA No.6491/2023.
                                 Shri Sachin Bhatnagar, learned counsel for the appellant in CRA
                           No.9387/2024.

                                 Shri Devdeep Singh, learned counsel for the complainant/objector.
                                 Shri H.S.Rathore, learned G.A for the respondent/State.

Per Gajendra Singh, J:

Heard on I.A.No.6078/2024 under section 389 (1) of the Cr.P.C
filed in CRA No.6491/2023 for suspension of execution of sentence of
appellant/child-in-conflict with law, who was tried as an adult in
SCATR/71/2017 by Children Court, Ratlam and convicted under
section 302 read with section 34 (3 counts) of IPC read with section 3(2)

(v) of the Scheduled Castes & Scheduled Tribe (Prevention of
Atrocities) Act, 1989 (for short ‘the SC & ST Act‘), 323 read with
section 34 of the IPC and sentenced for life imprisonment in each count
of murder with possibility of release and six months rigorous
imprisonment and fine with default stipulations for causing the murder
of Anand Chawda, Doulat Chawda and Dharmendra Chawda @ Kala

Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 08-01-2025
10:07:30

2 CRA-6491-2023
Anda belonging to scheduled caste category and causing voluntary
injuries to Dharmendra Chawda (PW/1) in furtherance of common
intention in an incident dated 07.11.2016 regarding which a crime
no.856/16 was registered at police station Industrial Area, Ratlam and
the matter was forwarded to Principal Magistrate, Juvenile Justice
Board, Ratlam and the Principal Magistrate, Juvenile Justice Board,
Ratlam found the age of appellant as 17 years four months on the date of
incident and after preliminary enquiry ordered to try the appellant as an
adult.

This application is preferred on the ground that the children Court
did not taken into consideration the general principles of Care &

Protection of Children as envisaged under section 3 of the Juvenile
Justice Act, 2015. The trial court committed error in the trial of the
appellant as an adult whereas the incident relates to the year of 2016.
The trial Court also committed error in not considering section 21 of the
Juvenile Justice Act, 2015 and the trial Court also committed grave error
while committing the trial as per section 25 of the Juvenile Justice Act,
2015. The whole case is based on presumption and there is no clear
evidence that the appellant has caused injury to the deceased. The
appellant is a labourer and young aged person and he is the only earning
member of the family.

The father of two deceased and relative of one deceased has
objected the application through IA No.18223/24.

Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 08-01-2025
10:07:30

3 CRA-6491-2023
The State has also objected the application by filing reply through
document no.11669/2024.

Perused the record.

Dharmendra (PW/1) and Durgesh Choudhary (PW/2) are the eye
witnesses of the incident. Dharmendra (PW/1) himself sustained injuries
and he has specifically stated the overt act of appellant/child-in-conflict
with law in the incident. Prosecution has referred to sufficient exposure
of the appellant/child-in-conflict with law in another criminal incident.
Accordingly, it is not a fit case to suspend the execution of sentence of
the appellant/child-in-conflict with law at present. Hence,
I.A.No.6078/2024 is rejected.

Heard on I.A.No.13162/24 under section 389 (1) Cr.P.C/section
430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (B.N.S.S) filed in
CRA No.9387/2024 for suspension of execution of sentence of
appellant/accused Sumer Singh @ Nana convicted under section 120-B
of IPC and sentenced to life imprisonment and fine with default
stipulation in special case no.251/2016 by exclusive special Court,
Ratlam constituted under the SC & ST Act vide judgment dated
18.07.2024 for hatching criminal conspiracy regarding the incident dated
07.11.2016 in which Dharmendra @ Kala Anda, Daulat Chawda and
Anand Chawda were murdered and crime no.856/2016 was registered at
police station Industrial Area, Ratlam.

I.A.No.13162/24 under section 430 of the B.N.S.S is preferred on

Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 08-01-2025
10:07:30
4 CRA-6491-2023
the ground that accused/appellant is innocent and has been falsely
implicated. The appeal is likely to take considerable time for its final
hearing and the appellant/accused is hopeful of succeeding in the appeal.

The father of two deceased and relative of third deceased has filed
objection through I.A.No.18201/24.

The State has also opposed the application by filing reply through
document no.11525/24.

Perused the record.

Considering para-24 of the evidence of City Superintendent of
Police Vivek Singh Chouhan (PW/32) along with Exs.P/22, P/10 &
P/31, we are not inclined to suspend the sentence at present. Hence,
I.A.No.13162/24 is rejected.

                                  (VIVEK RUSIA)                            (GAJENDRA SINGH)
                                      JUDGE                                     JUDGE




                           hk/




Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 08-01-2025
10:07:30