Sukhsagar @ Suksagar vs State Of Chhattisgarh
2022 Latest Caselaw 4192 Chatt

                          HIGH COURT OF CHHATTISGARH, BILASPUR
                                            Order Sheet
                                       CRA No. 760 of 2021
                        Sukhsagar @ Suksagar Versus State of Chhattisgarh
    Division Bench:

    Hon'ble Shri Justice Sanjay K. Agrawal &
    Hon'ble Shri Justice Sanjay S. Agrawal




04/07/2022

Mr. Anupam Dubey, Avocate for the appellant.

Mr. Anmol Sharma, Panel Lawyer for the State.

Heard on IA No.01 of 2021, which is an application filed under Section 389 of Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellant.

By impugned judgment of conviction and order of sentence dated 11.06.2021, the appellant has been convicted for offence under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.1,000/- and, in default of fine, additional rigorous imprisonment of 01 month and also under Section 324 of IPC and sentenced to undergo three years' rigorous imprisonment.

Learned counsel for the appellant submits that the appellant is in jail since 04.03.2018. He has not committed any offence and has been falsely implicated. It is submitted that main eye witness, namely, Jaxan Binjhwar (PW-03) has not supported the case of the prosecution and stated that he has not seen the incident clearly. The learned trial Court without appreciating the oral and documentary evidence available on record convicted the appellant for the aforementioned offences by recording perverse findings, which is contrary to law, thus, appellant be enlarge on bail by suspending his jail sentence.

Per-contra, learned State counsel opposed the application and submits that the appellant has caused murder of deceased- Panchuram Binjhwar by causing injury on his head by means of 'basuli' (weapon used to cut bricks). By taking this Court to the statement of eye witnesses, namely, Khelsingh Binjhwar (PW-02), Jaxan Binjhwar (PW-03), Prakash Binjhwar (PW-04), Bimleshwari (PW-05), Pratibha Binjhwar (PW-07) and Kheek Bai (PW-17) and other evidence available on record i.e. memorandum statement of the appellant-accused (Ex.P-04), seizure memo (Ex.P-05) and FSL Report (Ex.P-24), he submits that there is sufficient material available on record to connect the appellant-accused with the offences and the learned trial Court has rightly convicted the appellant for the offences aforementioned and, therefore, the present application deserves to be rejected.

After hearing the learned counsels for the parties and taking into consideration the material available on record particularly statements of eye witnesses, namely, Khelsingh Binjhwar (PW-02), Prakash Binjhwar (PW-04), Bimleshwari (PW-05), Pratibha Binjhwar (PW-07) and Kheek Bai (PW-17) coupled with other evidence available on record i.e. memorandum/disclosure statement of the appellant- accused (Ex.P-04), pursuant to which 'basuli' (weapon used to cut bricks) used at the time of crime in question has been seized vide Ex.P-05 and on which blood has been found vide FSL report (Ex.P-24), we do not see any good reason to entertain this application for suspension of sentence and grant of bail and same deserves to be rejected.

Accordingly, IA No.01 of 2021 is rejected.

                             Sd/-                                   Sd/-
                      (Sanjay K. Agrawal)                   (Sanjay S. Agrawal)
                           Judge                                   Judge




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