Binduram Korwa vs State Of Chhattisgarh
2022 Latest Caselaw 7482 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                           Order Sheet
                                       CRA No. 1094 of 2022
                           Binduram Korwa Versus State Of Chhattisgarh




12/12/2022           Shri Pritam Kumar Tiwari, Advocate for the appellant.
                     Shri Neeraj Pradhan, Panel Lawyer for the State/respondent.

Heard on I.A. No.1/2022, application for suspension of sentence and grant of bail.

The applicant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and to pay fine of Rs.500/- with default stipulation by the Second Upper Sessions Judge, Ambikapur, District-Surguja (C.G.) in Sessions Trial No.57/19 on 30-05-2022.

Learned counsel for the appellant submits that there is no eye witness in the case. Conviction of appellant is based only on extra judicial confession. Moreover, doctor has opined that the injury could be caused by wooden club, hence, considering the evidence available on record, remaining jail sentence of the appellant may be suspended till the disposal of the appeal.

Per contra, learned counsel for the State opposes the submission made by learned counsel for the appellant. He submits that the appellant himself has assaulted his mother and caused murder which has been proved by witnesses. Hence, application filed by the appellant is liable to the dismissed.

We have heard learned counsel for both the parties, perused the impugned judgment as well as record of the Court below.

Having considering the evidence of complainant Mannu Ram (PW-3) and post martum report prepared by Dr. B.M. Kamre (PW-7), wherein it has been reported that 4-7 ribs were broken and due to which, lungs of deceased was ruptured. Cause of death was found to be extreme internal bleeding. Hence, we do not feel inclined to suspend the jail sentence of appellant. Accordingly, I.A. No.1/2022 is dismissed.

                 SD/-                                               SD/-

           (Goutam Bhaduri)                               (N.K.Chandravanshi)
                 Judge                                            Judge




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