Nandlal vs State Of Chhattisgarh
2021 Latest Caselaw 932 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                  CRA No. 1009 of 2016
  • Nandlal S/o Thuiyaram Aged About 45 Years Occupation Agriculture R/o Village
    Katkalo, Sumarpara Police Station Sitapur Distt. Sarguja Chhattisgarh.
                                                                    ---- Appellant
                                      Versus
  • State Of Chhattisgarh Through Police Station Sitapur, District Sarguja
    Chhattisgarh                                         ---- Respondent

07-07-2021 Mr. Hemant Kesharwani, counsel for the appellant/s.

Mr. Anurag Verma, PL for the State/respondent.

Heard on I.A. No. 02/2016 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 27.04.2016 passed by

Learned Sessions Judge, Ambikapur, District Sarguja, CG in Sessions

Trial No. 102/2015.

Learned counsel for the appellant would argue that the conviction

is ordered on doubtful circumstantial evidence. He would submit that

even though the learned trial Court disbelieved the evidence of extra

judicial confession of Arjun Singh (PW-5) and Kannilal (PW-7), the

conviction has been ordered only on the ground that the wife of the

appellant was found dead in the house, having sustained axe injury but

nobody has seen the appellant assaulting the deceased.

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

conviction is founded on the strong circumstantial evidence that the wife of the appellant was found dead inside the house, she sustained

multiple injury, doctor opined that it is a case of homicidal death and

further that the evidence of other members of the family who stated

regarding the appellant quarreling, holding an axe, threatening others

and keeping the door close.

Considering the submission of learned counsel for the parties,

and that the conviction is based on circumstantial evidence of

appellant's wife dying homicidal death in the house, appellant failing to

establish the plea of alibi and also failing to explain how his wife

sustained multiple injury and the evidence of other witnesses regarding

appellant holding axe, threatening others and quarreling, we are not

incline to suspend the jail sentence and grant bail. Therefore, the

application is rejected.

List this appeal for final hearing.

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




Pawan Prajapati