Sahdev Kumar Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 3539 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                            Order Sheet

                                        CRA No. 300 of 2021

                        Sahdev Kumar Sahu Versus State Of Chhattisgarh




07/12/2021

Mr. M. K. Beg, counsel for the appellant.

Mr. Rajendra Tripathi, PL for the State.

Heard on IA No.1/2021, application for suspension of sentence and grant

of bail.

By the impugned judgment dated 29.01.2021 passed by the learned First

Additional Session Judge, Durg in ST No.25/2019, the appellant has been

convicted under Sections 302 & 201 of IPC and sentenced to undergo RI for life

and RI for 7 years, respectively, with default stipulations.

Learned counsel for the appellant submits that the appellant has wrongly

been convicted by the Trial Court in the present case without there being any

clinching and sufficient evidence available on record against him. He further

submits that the chain of circumstantial evidence is not duly established in this

case and the sole eye witness i.e. the daughter of the deceased himself has also

not been examined, therefore, the conviction is not sustainable and the appellant

may be released on bail.

Learned State counsel opposes the argument advanced by learned

counsel for the appellant and while referring to the statements of PW-2

Lokeshwar Kumar Sahu, PW-3 Hemlata Sahu & PW-5 Khomlal Sahu, it is argued

that at the time of incident, these witnesses were present on the spot and

according to them, the appellant was also present on the spot when the deceased

was burning and blood stains were also found in his body, therefore, looking to

the entire evidence available on record, the Trial Court has rightly convicted the appellant.

We have heard learned counsel for the parties and perused the statements

of witnesses and other materials available on record.

After going through the statements of PW-2 Lokeshwar Kumar Sahu, PW-3

Hemlata Sahu & PW-5 Khomlal Sahu, in our considered view, the present is not a

fit case to release the appellant on bail.

Accordingly, IA No.1/2021 is dismissed.

List the matter for final hearing in due course.

                  Sd/-                                                      Sd/-
          (Arvind Singh Chandel)                                   (Deepak Kumar Tiwari)
                 Judge                                                     Judge



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