Durga Prasad vs State Of Chhattisgarh
2021 Latest Caselaw 2344 Chatt

                                                                                  NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRA No.51 of 2020

 •   Durga Prasad S/o Baisakhu Ram @ Kocho Aged About 35 Years R/o Bala Chhapar
     Jashpur, Police Station Jashpur, District Jashpur, Chhattisgarh

                                                                            ---- Appellant

                                       Versus

  • State Of Chhattisgarh Through The Station House Officer, Police Station Jashpur,
    District Jashpur, Chhattisgarh

                                                                         ---- Respondent

15.09.2021 Shri Jeet Patel, Counsel for the Appellant.

Shri Jitendra Shukla, PL for the State/Respondent.

Heard on prayer for suspension of sentence and grant of bail to

the appellant.

The appellant has been convicted under the impugned judgment

of conviction and order of sentence dated 30.11.2019 passed by the

learned Sessions Judge, Jashpur, District - Jashpur (Chhattisgarh) in

Sessions Trial No.21/2019.

Learned counsel for the appellant would argue that the conviction

of the appellant is founded on a extremely doubtful circumstantial

evidence of last seen and recovery whereas both the witness of

recovery and last seen have not remained firm in their cross-

examination and their evidence is not reliable. On the other hand, learned State counsel opposes and submits

that in the present case, the prosecution evidence shows that the

appellant and deceased/wife left the house together in the morning and

they did not return back, thereafter the father of the deceased stated

that the dead body of the deceased was found and the appellant

husband was not seen until he was apprehended in the night. On the

memorandum statement of the appellant, the axe alleged to be used in

the commission of offence was seized from the place as stated in the

memorandum, which is far away from the place of incident and the said

axe is said to be stained with blood which is not explained by him. The

evidence of the father of the deceased is that the appellant confessed

before his daughter regarding assault on her mother.

Considering the submission of learned counsel for the parties

and particularly considering the circumstantial evidence which has been

made basis for conviction, we do not consider present to be a fit case

for suspension of sentence and grant of bail, accordingly the application

is therefore rejected.

List this case for final hearing.

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




Yasmin