Vishwanath Singh vs State Of Chhattisgarh
2022 Latest Caselaw 4789 Chatt

                                               1
                              HIGH COURT OF CHHATTISGARH, BILASPUR
                                               ORDER SHEET
                                         Cr.A. No. 139 of 2022

 Vishwanath Singh S/o Shri Hari Singh Aged About 26 Years R/o Barkela, Patelpara,
  P. S. Manendragarh, District Korea Chhattisgarh
                                                                          ---- Appellant
                                                    Versus
 State Of Chhattisgarh Through Station House Officer, Police Station Manendragarh,
  District Korea Chhattisgarh
                                                                     ---- Respondent

Division Bench:-

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

26.07.2022 Smt. Itu Rani Mukherjee, counsel for the Appellant.

Shri Sameer Oraon, Govt. Advocate for the State/Respondent.

Heard on I.A. No.01/2022, an application for suspension of sentence and

grant of bail to the Appellant.

By the impugned judgment dated 15.12.2021 passed by Second Additional

Sessions Judge, Manendragarh, District Koriya (C.G.) in Sessions Case

No.50/2016, the Accused/Appellant stands convicted under Section 302 IPC and

sentenced to life imprisonment with fine of Rs. 1,000/-, and in default of payment

of fine amount to further undergo rigorous imprisonment for four months.

Learned Counsel for the Appellant submits that the witnesses to the incident

are not reliable and there are material contradictions in their statements. She

further submits that the Appellant has been falsely implicated in the present case.

On the other hand, opposing the bail application, it has been argued by the

learned State Counsel that the conviction of the Appellant is based upon the

statements of PW-1 (Vijay Gond), PW-4(Rajaram), PW-6 (Vinod Kumar) and PW-

23 (Vijay Singh) and there is sufficient evidence on record to prove the appellant's

guilty and the trial Court has rightly convicted and sentenced the Appellant vide its

judgment, which does not require any interference

We have heard learned counsel for the parties.

Taking into consideration the evidence available on record, particularly, the

statements of PW-1 (Vijay Gond), PW-4(Rajaram), PW-6 (Vinod Kumar) and PW-

23 (Vijay Singh), we are not inclined to suspend the sentence imposed upon the

Appellant and grant of bail.

Accordingly, I.A. No.01/2022 is rejected.

                         Sd/-                                            Sd/-

                 (Sanjay K. Agrawal)                             (Sanjay S. Agrawal)
                       Judge                                            Judge




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