Chattisgarh High Court
Dhaneshwar Verma Alias Nanu vs State Of Chhattisgarh on 23 September, 2021
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No.252 of 2020
• Dhaneshwar Verma Alias Nanu, S/o Devsharan, Aged About 19 Years, R/o Village
Kolendra, P. S. Dongargarh, District : Rajnandgaon, Chhattisgarh
---- Appellant
Versus
• State of Chhattisgarh, Through P. S. Dongargarh, District : Rajnandgaon,
Chhattisgarh
---- Respondent
23.09.2021 Shri F.S. Khare, Counsel for the Appellant.
Shri Anshuman Shrivastava, 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 25.01.2020 passed by the
learned Additional Sessions Judge, Dongargarh, District - Rajnandgaon
(Chhattisgarh) in S.T. No.09/2019.
Learned counsel for the appellant would submit that the
prosecution case is based on weak and doubtful circumstantial
evidence as there is no eye-witness. The evidence with regard to
recovery of stolen ornaments of the deceased/Hembai Verma after her
alleged murder, is also doubtful in view of wavering statements of the
independent witnesses of memorandum and seizure Gulab Verma (PW-
2) and Sudama (PW-7). He would further submit that even the recovery
of clothes of the appellant from his house is said to be stained with
blood is doubtful, because the witnesses have not clearly stated but
according to them all the documents were prepared and signature was
obtained under the tree, which is different from the place from which the
said articles were recovered at the instance of the appellant. It is next
submitted that the evidence of appellant having entered into dispute
with the deceased due to appellant having some kind of relation with
the wife of Dhiraj Verma (PW-1) also does not constitute any strong
motive and only on suspicion he has been involved. It is further
submitted that the knife and stump are alleged to be seized from the
house of deceased are not in exclusive possession of the appellant.
The key of the lock of the house of the deceased said to have been
recovered from an open place on the road, on the appellant disclosure
could not be proved to be that fitting in the lock and no panchnama has
been prepared.
On the other hand, learned State counsel opposes and submits
that though there are no eye witnesses, the circumstantial evidence of
clinching nature of the case which has been made basis for conviction
of the appellant for murder of the deceased - Hembai Verma and his
son Kartik Ram. He would submit that appellant being suspect was
taken into custody and on his memorandum the stolen ornaments of the
deceased were seized as also the weapon alleged to be used to be in
commission of offence. Appellant clothes were also seized from his
house. The appellant clothes have been found to be stained with blood.
The jewelery has also been found to be stained with blood of particular
group and origin which was found in the blood collected from the place
of incident i.e. house of the deceased - Hembai Verma.
Considering the submission of learned counsel for the parties
and particularly taking into consideration the circumstantial evidence
and the evidence on the basis of which conviction has been ordered,
we do not consider present to be a fit case for grant of bail, accordingly
the application is therefore rejected.
Post this matter for final hearing.
Sd/- Sd/-
(Manindra Mohan Shrivastava) (Vimla Singh Kapoor)
Judge Judge
Yasmin
