Durgesh Verma @ Ravan vs State Of Chhattisgarh
2021 Latest Caselaw 931 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                  CRA No. 1308 of 2019
  • Durgesh Verma @ Ravan S/o Shri Kaushal Prasad Verma Aged About 24 Years
    R/o Village Girod, Thana - Dharsiva, District Raipur Chhattisgarh.
                                                                       ---- Appellant
                                       Versus
  • State Of Chhattisgarh Through Officer In Charge, Police Station Aarang, District
    Raipur Chhattisgarh.                                          ---- Respondent

07-07-2021 Mr. B.P. Rao, counsel for the appellant/s.

Mr. Shubham Verma, 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 29.06.2019 passed by

Additional Session Judge, Raipur, CG in Session Trial No. 151/2017.

Learned counsel for the appellant would argue that the evidence

of so called eye witness Manish (PW-1) is extremely doubtful because

she never lodged any report of alleged incident of murder of the

deceased by the appellant and the allegation of she having been raped.

It is only during investigation that appellant being suspect was arrested.

It is next submitted that the recovery of the weapon from the place

stated by the appellant is inconsequential because the weapon has

been found to be stained with blood without any report regarding group

and origin of the blood. It is also submitted that the shirt of the appellant is said to be stained with blood but the group and origin is not stated

therefore, it is only a case of suspicion but not proof.

On the other hand, learned State counsel would submit that the

eye witness of the case has clearly stated that the manner in which the

incident happened, she was afraid and therefore, she did not

immediately disclose the incident. He would submit that the incident is

said to have happened on 31st of march, 2017 and the appellant was

taken into custody on 2nd of April, 2017 and from his memorandum the

weapon (an iron chopper) was recovered which was found to be stained

with blood. The appellant's shirt was also found to be stained with blood

and the appellant has not explained the same. Presence of blood on the

clothes of the appellant and the weapon recovered at the instance

corroborate the eye witness account.

Considering the submission of learned counsel for the parties,

and that the Court below has convicted the appellant relying upon the

evidence of the eye witness and recovery of blood stained clothes of the

appellant and the weapon seized at the instance, present is not a fit

case for suspension of sentence and grant of bail. Therefore, the

application is rejected.

List this appeal for final hearing.

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




Pawan Prajapati