Onkar Singh @ Konda vs State Of Chhattisgarh
2021 Latest Caselaw 400 Chatt

                                      -1-



                                                                                 NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                           CRA No. 1843 of 2019

Onkar Singh @ Konda S/o Asharam Aged About 38 Years R/o Village - Korasi, Police
Station Chhura, District - Gariyaband Chhattisgarh., District : Gariyabandh,
Chhattisgarh

                                                                          ---- Appellant

                                   Versus

State Of Chhattisgarh Through - S.H.O. Chhura, District - Gariyaband Chhattisgarh.,
District : Gariyabandh, Chhattisgarh

                                                                   ---- Respondent

18/06/2021 Shri Anand Kumar Gupta, counsel for the appellant.

Shri Lalit Jangde, Dy. Govt. Advocate for the State. Heard on IA No.2/19, application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted under Section 302 IPC (twice) and sentenced to undergo imprisonment for life and fine of Rs.500/- with default clause vide judgment of conviction and order of sentence dated 25.06.2019 passed in S.T. No.23 of 2017 by learned Additional Sessions Judge, Gariyaband (CG).

Learned counsel for appellant would argue that the conviction of the appellant is founded on weak evidence of last seen and seizure of blood stained cloths and wooden club. He would argue that even according to the witnesses of last seen namely Kaushal Singh (PW3) and Maniram Dhruv (PW7), at the spot, along with the appellant, there were many other persons including these witnesses

and, therefore, it cannot be said that the appellant had murdered deceased Narhar Dhruv and Kuntal Dhruv. Learned counsel for the appellant next submits that story of the prosecution is highly improbable that the appellant alone would kill two other persons at one spot. It is next submitted that though cloths and wooden club said to be seized from the appellant has been found to be stained with human blood, the group and origin of blood of the deceased Narhar Dhruv and Kuntal Dhruv has not been established to connect the appellant with the alleged commission of offence.

On the other hand, learned counsel for the State opposed the application and submits that eyewitnesses of last seen namely Kaushal Singh (PW3) and Maniram Dhruv (PW7) have clearly stated that at the spot, after taking dinner, the appellant and two deceased were left behind and next day Narhar Dhruv and Kuntal Dhruv were found dead and when the appellant was arrested and his memorandum was recorded, on that basis, his T-shirt and wooden club was seized from his possession and both were found to be stained with human blood which has not been explained by the appellant in his examination under Section 313 Cr.P.C.

Taking into consideration the submissions made by learned counsel for the respective parties, taking into consideration the nature of circumstantial evidence which made basis for conviction, we are not inclined to suspend the sentence.

The application is accordingly rejected.

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