Smt. Paro @ Rupa vs State Of Chhattisgarh
2022 Latest Caselaw 739 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                        Criminal Appeal No.301 of 2021

 •   Smt. Paro @ Rupa Wife Of Late Pratap Singh @ Babu Aged About 28 Years
     Resident Of Bhatthi Dafai, Giddhdand, Ledri, Police Station- Jhagrakhand,
     District- Korea (Chhattisgarh)
                                                                      --- Appellant
                                 Versus
 •   State Of Chhattisgarh Through The Station House Officer, Police Station-
     Jhagrakhand, District- Korea (Chhattisgarh)
                                                                    ---Respondent

11/02/2022 Mr. Atul Pandey, counsel for the appellant.

Ms. Shivali Dubey, Panel Lawyer for the State.

Heard on I.A. No.01/2021, an application for suspension of sentence and grant of bail.

Appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 15.02.2021, in Sessions Trial No.33/2018, passed by the Learned Second Additional Sessions Judge, Manendragarh, District- Korea, (C.G.), with a direction to run both the conviction concurrently, in the following manner :-

                    Conviction                               Sentence

             U/s. 302 of the Indian Penal       For life Imprisonment and fine of
             Code                               Rs.1000/- and in default of payment
                                                of fine, 04 months' additional R.I.

             U/s 201 of Indian Penal Code       R.I. for 05 years and fine of Rs.1000/-
                                                and in default of payment of fine, 04
                                                months additional R.I.

Learned counsel appearing for the appellant would submit that the conviction against the appellant is totally erroneous and without the evidence of prosecution. The deceased in this case was the husband of the appellant, who committed suicide. There is no eye witness to this case and the circumstantial evidence has also not been brought by the prosecution against the appellant. Hence, the conviction against the appellant is not sustainable. Therefore, it is prayed that she may be granted bail during the pendency of appeal.

Per contra, the learned State counsel opposes the application and submits that it is a case of house murder, in which deceased Pratap Singh @ Babu was done to death by his wife- the appellant and she concocted a story that the deceased has committed suicide, which has been falsified by the statement of the Doctor- Surendra Singh (P.W.-9) who has conducted the autopsy and reported that the death of the deceased was homicidal. Therefore, it is a clear case of murder against the appellant. The conviction against her is fully sustainable. Therefore, the application may be rejected.

We have heard the learned counsel for the parties and perused the record of the trial Court.

Considered on the submission. Taking into consideration, the evidence present on record, we are of this view that it is not a fit case for suspension of sentence and grant of bail.

Heard on I.A. No.01/2021, an application for suspension of sentence and grant of bail, is rejected.

Certified copy as per rules.

                   Sd/-                                           Sd/-

              (R.C.S. Samant)                            (Arvind Singh Chandel)
                  Judge                                         Judge



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