Chattisgarh High Court
Parmeshwar Chouhan vs State Of Chhattisgarh on 13 January, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CR.A. No. 947 of 2017
Ramnarayan Sarthi, S/o. Hilochan Sarthi, aged about 27 years, R/o. Village Kida,
Police Station Chhal, District Raigarh, Chhattisgarh.
---- Appellant
Versus
State of Chhattisgarh, Through : Station House Officer, Police Station Chhal, District
Raigarh, Chhattisgarh.
---- Respondent
AND
CR.A. No. 936 of 2017
Parmeshwar Chouhan, S/o. Tikait Chouhan, aged about 19 years, R/o. Village
Kharra, Police Station Chhal, District Raigarh, Chhattisgarh.
---- Appellant
Versus
State of Chhattisgarh, Through : Station House Officer, Police Station Chhal, District
Raigarh, Chhattisgarh.
---- Respondent
Mr. Rishi Rahul Soni, counsel for the appellant in Cr.A. No.947
13/01/2022
of 2017.
Mr. Abhishek Saraf, counsel for the appellant in Cr.A. No.936 of
2017.
Mr. Sudeep Kumar Verma, Dy. G.A. for the State.
Heard.
I.A. No.1/2021 and I.A. No.3/2021, repeat applications for
suspension of sentence and grant of bail filed by the appellants
respectively in both the cases are being heard decided by this
common order as both the appeals have been filed against the same
judgment of conviction and order of sentence dated 17.04.2017,
passed in Sessions Trial No.712/2014, by the learned Additional
Sessions Judge (FTC), Raigarh, District - Raigarh (C.G.).
Previous bail applications for suspension of sentence and grant
of bail filed by the appellants was dismissed as withdrawn vide order
dated 27.02.2020.
The appellants in both the appeals have been convicted and
sentenced in the following manner with a direction to run both the
sentences concurrently :-
U/s. 376 of the Indian Penal : R.I. for 10 years and fine of
Code Rs.5000/- and in default of
payment of fine, further undergo 6
months R.I.
U/s. 302/34 of the Indian : Imprisionment for life and fine of
Penal Code Rs.5000/- and in default of
payment of fine, further undergo 6
months R.I.
Learned counsels appearing for the appellants would submit
that the conviction of the appellants is totally erroneous and without
the evidence of prosecution beyond reasonable doubt. The case
against the appellants were based only on the circumstantial
evidence. The only evidence of witness Gautam Prasad (P.W.-13)
and Bhuwan Lal (P.W.-15) is this that at the time of incident, the
appellants were not present on the place of Gammat programme. The
learned trial Court has build-up the whole case against the appellants
only on this evidence and on the memorandum statement recorded of
the accused persons. It is submitted that any confessional statement
recorded under Section 27 of the Evidence Act is not legally
admissible in evidence. Hence, the conviction of the appellants
Ramnarayan Sarthi is not sustainable. It is further submitted that the
conviction of the appellant - Parmeshwar Chouhan is based only on
the confessional statement of co-accused Ramnarayan Sarthi, hence,
this conviction is also not sustanable. The appellants are in jail since
more than 8 years. There is likelihood of delay in final hearing of these
appeals. Therefore, it is prayed that the sentence awarded to the
appellants may be suspended and they may be enlarged on bail.
Per contra, the learned State counsel opposes the prayer for
suspension of sentence and grant of bail. It is submitted that the
prosecution has proved its case beyond reasonable doubt. The
learned State counsel has placed reliance on the judgment of this
Court in Cr.Ref. No.2 of 2018 in case of In Reference State of C.G.
Vs. Ram Sona, decided on 31.01.2020. Prayer is made that both the
applications for suspension of sentence and grant of bail be rejected.
Considered on the submissions and perused the evidence
present on record of the learned trial Court.
The deceased was wife of the appellant - Ramnarayan Sarthi,
who was murdered in the house of this appellant after she was
subjected to rape. After looking to the evidence present in the case
and the other circumstances present, we are of the considered view
that it is a fit case to suspend the sentence and release the appellants
on bail.
Accordingly, I.A. No.1/2021 and I.A. No.3/2021, applications for
suspension of sentence and grant of bail, are allowed.
Execution of substantive jail sentence imposed on appellants
shall remain suspended and they are directed to be released on bail
on their executing a personal bond for a sum Rs.50,000/- with one
surety each for the like sum to the satisfaction of the trial Court for
their appearance before the Registry of this Court on 25th April, 2022.
They 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 them by the said Court,
till the disposal of these appeals.
Certified copy as per rules.
Sd/- Sd/-
(R.C.S. Samant) (Arvind Singh Chandel)
Judge Judge
balram
