Chattisgarh High Court
Smt. Juleta Tigga vs State Of Chhattisgarh on 23 June, 2022
Page 1 of 3
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1394 of 2021
Smt. Juleta Tigga W/o Late Babulal Tigga Aged About 38 Years Through, Police Station
Pathalgaon, District - Jashpur Chhattisgarh. ---- Appellant
Versus
State Of Chhattisgarh Through, Police Station Pathalgaon, District - Jashpur
Chhattisgarh. --- Respondent
23.06.2022 Mr. Vikas Pandey, counsel for appellant.
Mr. Saumya Rai, PL for the State/respondent.
Heard on IA No. 01/2021 application for suspension of sentence and
grant of bail to the appellant.
By the impugned judgment and order of sentence dated 16.09.2021
passed by the learned Upper Session Judge Pathalgaon, District Jashpur, CG
in Sessions Trial No. 19/2020 appellant has been convicted for the offence
punishable under Sections 302 and 201 IPC and sentenced to undergo
imprisonment for life and fine of amount Rs. 1000/- was imposed in default of
payment further 01 years rigorous imprisonment and sentenced to undergo
imprisonment for 05 years and fine of amount Rs. 1000/- was imposed in
default of payment further 01 years rigorous imprisonment respectively.
The prosecution story in brief is that on 12.02.2020 at 8.30 PM, the
appellant has murdered her husband Babula due to family dispute. On the
same day report was lodged to the police station Pathalgaon and after
completion of investigation charge-sheet was filed against the appellant under
Sections 302 and 201 IPC.
The learned Additional Sessions Judge, Pathalgaon, District Jashput, CG
after conclusion of trial found the appellant guilty of commission of offences
under Sections 302 and 201 of the IPC and imposed sentences as stated
above.
Learned counsel for the appellant submits that a prosecution was not
able to prove the guilty of the appellant as the eye witnesses have turned
hostile, even the memorandum and seizure witnesses have not supported the
case of the prosecution. Therefore, the appellant is entitled for suspension of
sentence and grant of bail during the pendency of the appeal.
Learned State Counsel submits that the prosecution was able to prove to
guilt beyond reasonable doubt and on appreciation the entire material available
on record, the learned trial Court has come to the conclusion that the appellant
has committed the aforesaid offences therefore, the appellant is not entitled for
suspension of sentence and grant of bail.
We have heard learned counsel for the parties and considered their rival
submissions and also perused the records with utmost circumspection.
Taking into consideration the evidence available on record and
particularly the allegations that eye witnesses Monika Tigga (PW-1) and Akash
Tigga (PW-2) have turned hostile and not properly supported the case of the
prosecution. Likewise, seizure witness Gopal Kaushik (PW-12) has also turned
hostile and also denied that the proceeding of seizure was done before him.
Taking into consideration entirety of the facts, circumstances and evidence of
the case, we find that appellant is able to make out an exceptional case for
suspension of sentence and grant of bail during the pendency of the appeal.
Therefore, the IA No. 01/2021 is allowed.
Therefore, substantive jail sentence awarded to the appellant is
suspended during the pendency of this appeal and she is directed be released
on bail on her furnishing a personal bond in the sum of Rs. 50,000/- along with
one surety in the like sum to the satisfaction of the concerned trial Court for her
appearance before the Registry of this Court on 26th September, 2022. She
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 her by the said Court, till the disposal of this appeal.
Certified copy as per rules.
Sd/- Sd/-
(Sanjay K. Agrawal) (Sachin Singh Rajput)
Judge Judge
Pawan
