Ramuram Kachlam vs State Of Chhattisgarh
2021 Latest Caselaw 2896 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet

                                    CRA No. 312 of 2020
 Ramuram Kachlam S/o Late Pilsai Kachlam Aged About 35 Years R/o Village Dihipara
  Kheterpal, Police Station Farasgaon, District Kondagaon Chhattisgarh
                                                                                  ---- Appellant
                                            Versus
 State Of Chhattisgarh Through District Magistrate Kondagaon, District Kondagaon
  Chhattisgarh
                                                                               ---- Respondent

26/10/2021 Ms. Indira Tripathi, counsel for the appellant.

Shri Aditya Sharma, PL for the State.

Heard on I.A. No.1/2020, which is an application for suspension of sentence

and grant of bail.

The appellant stands convicted under Section 302 of I.P.C. and sentenced

to undergo life imprisonment and to pay fine of Rs.10,000/- and in default of

payment of fine amount six months additional rigorous imprisonment vide judgment

dated 30.01.2020 passed by the learned Additional Sessions Judge, Kondagaon,

District Kondagaon (C.G.) in S.T. 41/2018.

Learned counsel for the appellant would submit that the incident happened

on 08.03.2018 at about 3 am and the allegation is that the appellant has assaulted

the deceased Patiram Kachlam by way of the backside of the axe. She would

further submit that though the conviction is based on the ocular testimony of eye

witness namely Peeluram Kachlam (PW-2) and Mangai Bai (PW-9), however, their statements have been demolished in the cross-examination. She would further

submit that in respect of the extra judicial confession of Motiram Mandavi (PW-3)

no statement has been made before the police and the extra judicial confession is

also demolished in the cross-examination. Consequently, the substantive jail

sentence imposed upon the appellant may be suspended and he may be released

on bail.

Per contra, learned State counsel opposes the prayer for suspension of

sentence and grant of bail.

Perused the statements of Peeluram Kachlam (PW-2), Motiram Mandavi

(PW-3), Sanauram Mandavi (PW-5) and Mangai Bai (PW-9). After perusal of the

statements, particularly of Motiram Mandavi (PW-3) before whom the extra judicial

confession was made by the accused/appellant which is corroborated by the

statement of Sanauram Mandavi (PW-5) wherein it was stated that after the

incident the appellant was held in captivity and the extra judicial confession before

Motiram Mandavi (PW-3) was made. Prima facie, such confession has not been

demolished in the cross-examination. Considering the same, we are not inclined

to suspend the sentence and release the appellant on bail.

Accordingly, I.A.No.1/2020, application for suspension of sentence and

grant of bail is rejected.

                         Sd/-                                       Sd/-
                  (Goutam Bhaduri)                         (Arvind Singh Chandel)
                        Jude                                      Judge
ashu