Virendra Banjare @ Golu @ Chhotu vs State Of Chhattisgarh
2021 Latest Caselaw 1555 Chatt

                                                                                 NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRA No. 439 of 2020

  • Anita @ Ranu Dewangan D/o Gopiram Dewangan, Aged About 21 Years R/o Village
    Kanketara, Police Station Lalbag, District : Rajnandgaon, Chhattisgarh

                                                                          ---- Appellant

                                       Versus

  • State Of Chhattisgarh, Through Station House Officer, Police Station Lalbag,
    District : Rajnandgaon, Chhattisgarh

                                                                        ---- Respondent

CRA No. 456 of 2020

• Virendra Banjare @ Golu @ Chhotu S/o Late Shri Bije Banjare Aged About 22 Years R/o Village Kanketara, Police Station Kanketara, Police Station Lalbag, District : Rajnandgaon, Chhattisgarh

---- Appellant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Lalbag, Civil And Revenue, District : Rajnandgaon, Chhattisgarh

---- Respondent

04.08.2021 Shri Suresh Tandan and Shri Rudranath Mukherjee, Counsel for

the respective Appellants.

Shri Ravish Verma, G.A. for the State/Respondent.

Heard on prayer for suspension of sentence and grant of bail to

the appellants.

The appellants have been convicted under the impugned

judgment of conviction and order of sentence dated 10.02.2020 passed by the learned 2nd Additional Sessions Judge, Rajnandgaon, District -

Rajnandgaon (Chhattisgarh) in Sessions Trial No.31/2018.

Learned counsel for the appellant would argue that the evidence

with regard to recording of memorandum, recovery of dead body and

seizure of blood stained danda and clothes is highly doubtful, because

the evidence of seizure witness is highly doubtful and full of

contradictions.

On the other hand, learned State counsel opposes and submits

that the conviction is founded on the evidence of appellants having love

affair and even their memorandum recorded on the basis of which half

burnt dead body was exhumed on the memorandum of appellant

Virendra Banjare @ Golu @ Chhotu and a danda and clothes seized

from the possession of appellant Anita @Ranu Dewangan which were

found to be stained with human blood, which she failed to explain.

Considering the submission of learned counsel for the parties

and particularly taking into consideration the evidence which has been

made basis for conviction, we do not consider present to be a fit case

for grant of bail, accordingly the applications are, therefore, rejected.

List these appeals for final hearing.

                       Sd/-                                         Sd/-
         (Manindra Mohan Shrivastava)                      (Vimla Singh Kapoor)
                     Judge                                          Judge




Yasmin