Chattisgarh High Court
Fekuram Panika vs State Of Chhattisgarh on 20 December, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 599 of 2021
Fekuram Panika S/o Late Jagarsai Panika, Aged About 40 Years R/o -
Village - Chandarpur (Dudhara), Police Station - Surajpur, Tahsil and
District - Surajpur Chhattisgarh.
---- Appellant
Versus
State Of Chhattisgarh, Through The Police Station - Surajpur, District -
Surajpur Chhattisgarh.
---- Respondent
Division Bench:-
Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Rakesh Mohan Pandey
20/12/2022 Mr. J.A. Lohani, Advocate for the appellant.
Mr. Anmol Sharma, P.L. for the State/respondent.
Heard on I.A. No.1 of 2021, an application for suspension of
sentence and grant of bail to the appellant.
The appellant has been convicted and sentenced by the
judgment of conviction and order of sentence dated 18-3-2021
passed in Sessions Trial No.38 of 2019 by the Learned Sessions
Judge, Surajpur, District Surajpur (C.G.) in the following manner :-
Sl. Conviction Sentence
No.
1. U/s 302/ 34 of the Life imprisonment and fine of
IPC Rs.500/- in default of payment of
fine R.I. for 1 month.
The case of the prosecution is that on 30.5.2016, deceased -
Dharmendra Singh went alongwith the appellant on his scooty but
he did not return by night and on the next date 31.5.2016 at about
6:00 am, his dead-body was found in front of house of Birbal Gond.
After autopsy, the viscera was preserved and the same was sent for
FSL and vide FSL report Ex.P/19, presence of Ethyl alcohol and
Monocrotophos pesticide was found and the doctor has opined the
death on account of administration of poison.
The appellant and co-accused - Birbal Gond were prosecuted
before the learned trial Court. Learned trial Court acquitted co-
accused - Birbal Gond and convicted the present appellant only
relying on the theory of last seen together as according to Ransai
Sandilya (PW-1), Jitendra Singh (PW-2) and Premlata Singh
(PW-7), the deceased was seen in the company of the present
appellant while he was going in the scooty of present appellant and
on the next morning, his dead-body was found.
Learned counsel for the appellant submits that except the last
seen together there is no other material available against him on
record. He further submits that the deceased was seen in the
company of the present appellant on 30.5.2016 at about 6-7 pm
whereas, his dead-body was found on 31.5.2016 at about 6-7 am in
front of the house of the Birbal Gond. He also submits that the
evidence of last seen is a weak type of evidence and it is only
evidence relied by the trial Court. There is no memorandum or
seizure of the present appellant even the container of the poison
has not been seized. Hence, the appellant is entitled for suspension
of sentence and grant of bail.
On the other hand, learned counsel for the State would oppose
the application for suspension of sentence and grant of bail. He
further submits that the prosecution has established the guilt of the
present appellant and there is evidence of Ransai Sandilya (PW-1),
Jitendra Singh (PW-2) and Premlata Singh (PW-7) regarding last
seen together and thus he is not entitled for suspension of sentence
and grant of bail.
We have heard learned counsel for the parties and perused the
record.
From record, it appears that the present appellant has been
convicted solely on the basis of last seen together. It is not in dispute
that the deceased was seen in the company of present appellant on
30.5.2016 at about 6-7 pm and his dead-body was found in front of
the house of Birbal Gond on 31.5.2016 at about 6-7 am. Nothing has
been seized from the possession of the present appellant and the
prosecution could not prove the clear motive of the accused to
administer poison to the deceased, the accused had the poison in his
possession and he had an opportunity to administer the poison to the
deceased.
Considering the above aspect of the matter, we are inclined to
allow this application for suspension of sentence and grant of bail to
the appellant.
Consequently, I.A. No.1 of 2021 for suspension of sentence
and grant of bail to the appellant is hereby allowed.
It is directed that the jail sentence imposed upon the appellant
shall remain suspended during the pendency of this appeal and he
shall be released on bail on his furnishing a personal bond in the
sum of Rs.50,000/- with one surety in like sum to the satisfaction of
the trial Court for his appearance before the Registry of this Court on
27th of February, 2023. He shall thereafter appear before the trial
Court on a date to be given by the Registry of this Court and shall
continue to appear there on all such subsequent dates as are given
to him by the said Court, till disposal of this appeal.
Sd/- Sd/-
(Sanjay K. Agrawal) (Rakesh Mohan Pandey)
Judge Judge
Nimmi
