Bhagwan Singh Maravi vs State Of Chhattisgarh
2021 Latest Caselaw 81 Chatt

                          HIGH COURT OF CHHATTISGARH, BILASPUR
                                                 Order Sheet
                                             CRA No. 1299 of 2018
              Bhagwan Singh Maravi S/o Aman Singh @ Man Singh Aged About 40 Years R /o
               Bijatola, P.S. Bijatola, District- Mandla M.P. At Present R/o Behind Girls Aashram
               Chilfi P.S. Chilfi District Kabirdham Chhattisgarh., District : Kawardha (Kabirdham),
               Chhattisgarh

                                                                                         ---- Appellant

                                                    Versus

              State Of Chhattisgarh Through, P.S. Chilfi District- Kabirdham Chhattisgarh., District :
               Kawardha (Kabirdham), Chhattisgarh

                                                                                      ---- Respondent

09.04.2021 Shri F.S. Khare, counsel for the appellant.

Ms. Fozia Mirza, Additional Advocate General for the State. Heard on application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted for the offence punishable under Section 302 IPC to undergo R.I. for life and fine of Rs.500 with default stipulation vide judgment of conviction and order of sentence dated 26.07.2018 passed by the Sessions Judge, Kabirdham (Kawardha) District - Kabirdham (C.G.) in Sessions Case No. 10/2017.

Learned Counsel for the appellant submits that conviction of the appellant is founded on extremely suspicious circumstances which fall short of legal requirement of proof beyond all reasonable doubts, he would submit that there is no eye witness to the incident and those who are examined as eye witness, including the child witness, the daughter of the appellant and the deceased, have not supported the prosecution case. His next submission is that the Doctor's evidence proves that there were certain injuries on the face and other parts which could be caused by the dragging and therefore a plausible defence has been set up by the accused that when his wife, while coming back to his house, along with him fell down, the appellant kept the child on his lap and dragged his wife back to his house. On the other hand learned State Counsel would submit that post- mortem report clearly shows that the injuries were such which could be caused by severe blow with heavy object or hand or weight on the chest resulting in multiple fracture of ribs, rupture of lungs and liver. The story of how the deceased sustained injuries as stated in the merg intimation by the appellant is clearly false and not supported with medical evidence, therefore a false explanation of the cause of injuries provides additional links to the circumstantial evidence as the dead body was found in the house of the appellant.

Taking into consideration the submission made by the learned counsel for the parties, taking into consideration the nature of the injuries, cause of death as also the false explanation and also evidence of P.W.3 regarding the appellant and his wife quarreling together before the incident, it is not a case for suspension of sentence and grant of bail to the appellant. Accordingly, the application for suspension of sentence and grant of bail is rejected.

                            Sd/-                                        Sd/-
              ( Manindra Mohan Shrivastava )                  (Narendra Kumar Vyas)
                       JUDGE                                        JUDGE




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