Sipriyan Minj vs State Of Chhattisgarh
2022 Latest Caselaw 224 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                               CRA No. 673 of 2021

• Sipriyan Minj, S/o Late Admon Minj, Aged about 24 years, R/o Village Bonki, Police
  Chowki Rairumakhurd, PS Dharamjaigarh, District Raigarh (C.G.).

                                                                      ---- Appellant

                                     Versus

• State of Chhattisgarh, through- SHO- Police Showki Rairumakhurd, PS
  Dharamjaigarh, District Raigarh (C.G.).

                                                                    ---- Respondent

12.01.2022 Mr. Anand Kumar Gupta, counsel for the Appellant.

Mr. Devesh Verma, G.A. for the State/Respondent. Heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 19.02.2021 passed in Sessions Case No. 38/2019 by the learned Additional Sessions Judge, Gharghoda, District- Raigarh (C.G.), the appellant stands convicted as mentioned below:

                  Conviction             Sentence                In Default

             U/s 302 of the IPC Life          imprisoment In default of payment of

and fine amount of fine amount additional RI Rs.500/-. for 02 months.

Learned counsel for the appellant submits that the conviction of the appellant by the learned trial Court is erroneous and without support the evidence of prosecution beyond reasonable doubt. The conviction is based only on the evidence of Radhika Minj (PW-01) who is not reliable witness on the basis of the admissions made by her in the cross-examination. Apart from that there is no direct evidence present. Hence, the conviction is bad in law, it is prayed that the application of the appellant may be allowed.

On the other hand, learned counsel for the State has opposed the bail application and submissions made in this respect. He further submits that there is direct evidence present of the eye witness Radhika Minj (PW-01) and, therefore, the prosecution has proved its case beyond reasonable doubt, therefore, no error has been committed by learned trial Court in convicting the appellant, it is a clear case of conviction of offence and the conviction is sustainable, therefore, the application may be rejected.

Considering on the submissions made by the learned counsel for the parties, perused the record of the trial Court, we are of the considered view that it is not a fit case where such an application should be allowed.

Accordingly, application (I.A. No. 01/2021) for suspension of sentence and grant of bail is rejected.

List this case for final hearing in its due course.

                            Sd/-                         Sd/-        Sd/-
                                Sd/-
                    (R.C.S. Samant)             (Arvind Singh Chandel)
                        Judge                           Judge




Vasant