Laxman Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 2485 Chatt

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                                                                                  NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                       Criminal Appeal No.178 of 2020

Laxman Sahu S/o Cheturam Sahu Aged About 49 Years R/o Village Amlidih, Thana
Amleshwar, District Durg, Chhattisgarh.                        ---- Appellant

                                     Versus

State Of Chhattisgarh Through Station House Officer, Police Station Amleshwar, District
Durg, Chhattisgarh.                                                  ---- Respondent

22.09.2021 Shri Hari Agrawal, counsel for the Appellant.

Shri Lalit Jhangde, Deputy Government Advocate for the State. Heard on IA No.01/2020, an application for suspension of sentence and grant of bail.

The Appellant has been convicted for the offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life with fine vide judgment of conviction and order of sentence dated 13.12.2019 passed in Sessions Trial No.123/2018 by learned Second Additional District and Sessions Judge, Second Fast Track Special Court (POCSO Act), Durg (CG).

Learned counsel for Appellant would argue that the conviction is founded on two circumstantial evidence, which have completely failed to draw inference of the Appellant's involvement in the alleged crime in question. He would next submit that nobody has seen the Appellant assaulting his wife and nor is there witness of extra judicial confession. He would further submit that recovery of clothes, said to be found stained with human blood, are also doubtful and therefore, the jail sentence imposed upon the Appellant may be suspended.

On the other hand, learned counsel for the State opposed the application. He submits that the conviction of the Appellant is founded on

the circumstantial evidence when the dead body of his wife was found in the house and he was present in the house as stated by his own daughter. There is evidence that the Appellant was subjecting his wife to cruelty and was engaged in assaulting her time and again and that he has failed to establish his alibi and the clothes of the Appellant were found to be blood stained, therefore, in the above facts and circumstances, he is not entitled to be enlarged on bail.

Taking into consideration the submissions made by learned counsel for the parties, considering the circumstantial nature of evidence, which is against the Appellant wherein, his deceased wife was being subjected to cruelty by him time and again and his failure to establish alibi, we are of the opinion that present is not a fit case for suspension of sentence and grant of bail to the Appellant.

The application is accordingly rejected.

List the Appeal for final hearing.

                           Sd/-                                Sd/-

         (Manindra Mohan Shrivastava)               (Smt Vimla Singh Kapoor)
                   Judge                                      Judge




Priya