Bulchu @ Soundha vs State Of Chhattisgarh
2021 Latest Caselaw 934 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                  CRA No. 1298 of 2019
  • Bulchu @ Soundha S/o Sarju Bhaina Aged About 50 Years R/o Darri Para,
    Police Station Pasan District Korba Chattisgarh.        ---Appellant
                                      Versus
  • State Of Chhattisgarh Through The District Magistrate, Korba Chhattisgarh.
                                                                  ---- Respondent

07-07-2021 Mr. Ravindra Agrawal, counsel for the appellant/s.

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

Heard on I.A. No. 02/2019 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 09.10.2018 passed by

Additional Sessions Judge, Katghora, District Korba, CG in Session

Trial No. 34/2018.

Learned counsel for the appellant would argue that the conviction

is founded on doubtful circumstantial evidence. Dead body was found at

a place which was though next to the house of the appellant but it was

an open place as stated by number of prosecution witnesses. It is next

submitted that the seizure of the clothes of the appellant is doubtful

because independent prosecution witness Sukhdev (PW-3) has stated

that while the accused was being taken along with the police he was

holding a bag with clothes therefore, it is doubtful whether those clothes

were that of the appellant or somebody else. It is next submitted that the

clothes of the appellant have been stated to be stained with human blood but the group and origin has not been stated therefore, it cannot

be conclusively said that the blood was that of the deceased only.

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

chain of circumstantial evidence proving dead body found outside on the

open place like courtyard of the appellant's house, appellant's clothes

stained with human blood and the appellant failing to explain how his

clothes stained with human blood, conviction is rightly held.

Considering the submission of learned counsel for the parties and

the evidence which has been made basis for convicting the appellant,

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