Santkumar Dhidhi vs State Of Chhattisgarh
2022 Latest Caselaw 3859 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet
                             CRA No. 443 of 2021

               Santkumar Dhidhi Versus      State Of Chhattisgarh




17/06/2022

Shri Saurabh Dangi, counsel for the appellant/s.

Shri Sudeep Verma, Dy.G.A. for the State.

Heard on I.A.No.1/21, application for suspension of sentence and granted of bail.

The appellant has been convicted under Section 302 IPC vide impugned judgment of conviction and order of sentence dated 12/02/2021 passed by the Sessions Judge, Raipur, District - Raipur, Chhattisgarh in Sessions Case No.118/2019 and sentenced to undergo life imprisonment and fine of Rs.1,000/-. (In default of payment of fine, additional R.I. of 3 months.

Learned counsel for the appellant would submit that the appellant has been falsely implicated. He has not committed any offence and eye witnesses account of Ku. Jharna (PW6) daughter of the deceased and appellant and Vivek Dhidhi (PW11) son of the deceased and appellant should not be believed as they are interested witnesses.

On the other hand, learned State counsel submits that both Ku.Jharna (PW6) and Vivek Dhidhi (PW11) have supported the case of the prosecution. In that view of the matter, it is not an exceptional case where the appellant should be granted bail in view of the judgment of the Supreme Court in the case of Ramji Prasad v. Rattan Kumar Jaiswal and anr., (2002) 9 SCC 366.

We have heard learned counsel for the parties, considered their rival submissions made herein above and also went through the records with utmost circumspection.

The allegations upon the appellant is that he has killed his wife with the help of an axe. The prosecution has examined their daughter Ku.Jharna (PW6) and son Vivek Dhidhi (PW11) who have clearly supported the case of the prosecution. In that view of the matter and considering the facts and circumstances of the case, we do not find it to be a fit case for suspension of sentence and grant of bail in terms of the judgment of the Supreme Court in the case of Ramji Prasad (supra).

I.A.No.1/21, application for suspension of sentence and grant of bail is hereby rejected.

List the matter for final hearing.

                         Sd/-                              Sd/-

                ( Sanjay K. Agrawal)                (Sachin Singh Rajput)
                       Judge                              Judge




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