Vishal Shende vs State Of Chhattisgarh
2021 Latest Caselaw 3573 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                            Order Sheet

                                        CRA No. 979 of 2019

                            Vishal Shende Versus State Of Chhattisgarh




08/12/2021

Mr. R. K. Gupta and Ms. Sareena Khan, counsel for the appellant.

Mr. Rajendra Tripathi, PL for the State.

Heard on IA No.1/2019, application for suspension of sentence and grant of bail.

By the impugned judgment dated 03.05.2019 passed by the learned

Session Judge, Rajnandgaon in ST No.09/2017, the appellant has been

convicted under Section 302 of IPC and sentenced to undergo life imprisonment.

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 PW-3 Rahul Gondane, the independent witness, has not supported

the case of the prosecution and the statement of PW-10 Prahlad Choure, another

eye witness, is also suspicious. There are contradictions and omissions in the

statements of these witnesses. He further submits that the prosecution has failed

to prove any motive on the part of the appellant to commit murder of the

deceased and though the scissors has been seized from the possession of the

appellant, but no blood stains were found in the body of the appellant, therefore,

the conviction of the appellant is not sustainable.

Learned State counsel opposes the argument advanced by learned

counsel for the appellant and while referring to the statement of PW-10 Prahlad

Choure, son of the deceased, he submits that PW-10 Prahlad Choure was

present on the spot at the time of incident and he has seen the appellant committing murder of the deceased, therefore, the appellant has rightly been

convicted by the Trial Court and he is not entitled for benefit of bail.

We have heard learned counsel for the parties and perused the record.

Having gone through the statements of PW-7 Lata Choure, PW-8 Dr. Datta

Sorte and PW-10 Prahlad Choure, we do not find it appropriate to enlarge the

appellant on bail at this stage.

Accordingly, IA No.1/2019 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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