Jagira Singh vs State Of Chhattisgarh
2021 Latest Caselaw 2000 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                  CRA No. 1398 of 2019
  • Jagira Singh S/o Nirvail Singh Aged About 40 Years R/o. Model Town, Street No.
    09, Smriti Nagar, Supela Bhilai, District - Durg Chhattisgarh.
                                                                        ---- Appellant
                                      Versus
  • State Of Chhattisgarh Through - Police Station - Supela, District - Durg
    Chhattisgarh.                                          ---- Respondent

25-08-2021 Mr. P.K. Patel, counsel for the appellant/s.

Mr. Anshuman Shrivastava, PL for the State/respondent.

Heard on I.A. No. 01/2019 application for suspension of sentence

and grant of bail.

The appellant has been convicted under the impugned judgment

of conviction and order of sentence dated 16.09.2019 passed by the

Additional Sessions Judge, Durg, District Durg, CG in Sessions Trial

No. 08/2017.

Learned counsel for the appellant would argue that the conviction

is founded on the so called eye witness account of interested and

relative witness and though other witnesses Akash Patel (PW-1) and

Rahul Nirmalkar (PW-3) who are independent were also examined they

have not supported the case of the prosecution therefore, the appellant

was entitled to be acquitted by giving benefit of doubt.

On the other hand learned State counsel would submit that the

evidence of the wife of the deceased namely Suman Kaur (PW-5) is

found reliable by the learned trial Court and merely because she happened to be wife of the deceased, her evidence could not be

disbelieved. The Merg intimation and FIR was lodged by Suman Kaur

(PW-5) containing the same story as has been stated by her evidence.

Considering the submission of learned counsel for the parties,

that the conviction is founded on the eye witness account, we are not

inclined to suspend the jail sentence. Therefore, the application is

rejected.

List this appeal for final hearing.

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




Pawan Prajapati