Chattisgarh High Court
Nandu Ram Sahu vs State Of Chhattisgarh on 31 August, 2021
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Appeal No. 138 of 2021
Nandu Ram Sahu, Aged about 26 years, S/o- Shriram Sahu, R/o- Vill. - Kenapara,
(Telaikachar) (telaikchhara), P.S. - Jainagar, Distt. - Surajpur (C.G.)
----Appellant
Versus
State of Chhattisgarh; Through :- Station House Officer, Police Station - Jainagar,
District : Surajpur (C.G.)
---- Respondent
Criminal Appeal No. 181 of 2021
Ku. Devan Rajwade @ Rani, D/o- Sumet Rajwade, Aged about 23 years, R/o-
Village - Telaikachhar, P.S. - Jainagar, District - Surajpur, (C.G.)
----Appellant
Versus
State of Chhattisgarh; Through-Police Station - Jainagar, District - Surajpur, C.G.
---- Non-Appellant.
31/8/2021 Mr. Y.C. Sharma, Senior Advocate assisted by Mr. Sachin Nidhi,
Advocate for the Appellant in CRA No. 138/2021.
Mr. Pawan Shrivastava, Advocate for the Appellant in CRA No.
181/2021.
Mr. Jitendra Shukla, Panel Lawyer for the State / respondent.
Heard on I.A. No. 1, applications for suspension of sentence and for
grant of bail to the appellants namely Nandu Ram Sahu & Ku. Devan Rajwade
@ Rani, respectively during pendency of appeals.
The appellants have been convicted under Sections 302 read with
Section 34 IPC, 201 read with Section 34 of IPC & 120-B of IPC and
sentenced to undergo RI for life imprisonment with fine of Rs. 500/- u/S 302/34
IPC, RI for 7 years with fine of Rs.300/- u/S 201/34 IPC and RI for life
imprisonment with fine of Rs.500/- u/S 120-B of IPC, with default stipulations,
vide common judgment of conviction and order of sentence dated 06.01.2021
passed by learned Upper Sessions Judge (FTC), Surajpur, District Surajpur
(C.G.) in Sessions Trial No. 19 / 2019.
Learned Senior Counsel appearing for appellant - Nandu Ram Sahu
would submit that prosecution evidence is only to the extent of the appellant
having gone to meet Ku. Devan Rajwade @ Rani in the park where the
deceased was already present but the prosecution witnesses do not say that
thereafter the deceased remained in the company of the appellant. It is next
submitted that recovery of axe, serving spoon and clothes from the house and
so called possession of the appellant, which have been found to be stained
with blood of a particular group as found from the place of the incident do not
conclusively prove that it was of the same group and origin of that of the
deceased. Therefore, the prosecution evidence has not been able to prove the
case beyond reasonable doubt with regard to involvement of the appellant in
the alleged commission of offence.
Learned counsel appearing for Ku. Devan Rajwade @ Rani would argue
that all the evidence, which have been collected by the prosecution, particularly
seizure of incriminating material found to be stained with the blood with human
blood of particular group and origin do not contain any article which were either
found in the house of the appellant or in the possession of the appellant, even
the serving spoon is said to be seized from the house of co-accused. The
evidence of Narayan Kumar (PW-6) is to the effect that appellant - Ku. Devan
Rajwade @ Rani, that deceased had come to meet appellant -Ku. Devan
Rajwade @ Rani in a Park and thereafter appellant - Nandu Ram Sahu came
in and deceased - Parmeshwar left alone without the company of Ku. Devin
Rajwade @ Rani. Therefore, against appellant Ku. Devan Rajwade @ Rani,
there is no legally admissible evidence to convict her.
State Counsel, on the other hand, would submit that prosecution
evidence of circumstantial nature form a chain that while deceased
Parmeshwar had gone to meet Ku. Devan Rajwade @ Rani in a park and was
chatting with her, appellant - Nandu Ram Sahu came in and then deceased left
the place and, thereafter, dead-body of the deceased was found on the railway
track and when the appellants were taken into custody, memorandum was
recorded, on which basis, the clothes of appellant -Nandu Ram Sahu, serving
spoon said to be used for removing blood stained soil and axe, all were found
from the house of appellant Nandu Ram Sahu and contained human blood of
the same ground and origin of that found at the spot where from the dead body
was recovered. The serving spoon though seized from the house of appellant -
Nandu Ram Sahu, it was so seized at the instance of appellant - Ku. Devan
Rajwade, therefore, she is also clearly involved and further as per prosecution
story, deceased was eliminated by appellants.
Taking into consideration the submissions made by learned counsel for
the parties, particularly taking into consideration that the evidence with regard
to recovery of incriminating articles from the house of appellant - Nandu Ram
Sahu and his clothes found to be stained with human blood of the same group
and origin, which was found from the soil seized from the place of incident and
appellant - Nandu failing to explain the same, bail application of appellant -
Nandu Ram Sahu is liable to be and is hereby rejected.
As far as appellant - Ku. Devan Rajwade @ Rani is concerned, as the
incriminating articles have been seized from the possession of co-accused
and from his house and only evidence against appellant - Ku. Devan Rajwade
@ Rani is that she was seen both with appellant - Nandu Ram Sahu &
deceased - Parmeshwar in the park few days before incident, the bail
application of appellant - Ku. Devan Rajwade @ Rani is allowed.
The application is accordingly allowed and it is directed that the
substantive jail sentence imposed upon appellant - Ku. Devan Rawade @
Rani shall remain suspended during pendency of the appeal and he shall be
released on bail on her furnishing a personal bond of Rs. 25,000/- along with
two local sureties of the like amount to the satisfaction of the concerned trial
Court, for his appearance before the concerned trial Court on 30th September,
2021 and on all such further dates as may be directed by the said Court,
interval being not less than six months, till final disposal of this appeal.
Post the appeal for final hearing in its due turn.
Sd/- Sd/-
(Manindra Mohan Shrivastava) (N.K. Chandravanshi)
Judge Judge
D/-
