Arjun Singh Rajput vs State Of Chhattisgarh
2022 Latest Caselaw 1443 Chatt

Citation : 2022 Latest Caselaw 1443 Chatt
Judgement Date : 21 March, 2022

Chattisgarh High Court

Arjun Singh Rajput vs State Of Chhattisgarh on 21 March, 2022

HIGH COURT OF CHHATTISGARH, BILASPUR

Order Sheet

CRA No. 114 of 2021

Arjun Singh Rajput Versus State of Chhattisgarh

DB Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Smt. Justice Rajani Dubey

21.03.2022 Mr. Roop Naik, counsel for the appellant.

Mr. Himanshu Ku. Sharma, P.L. for the State.

Heard on I.A. No. 1, application for suspension of sentence and grant of bail.

The appellant herein has been convicted for offence punishable under Sections 449, 439, 436, 302 and 307 of IPC and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and sentenced to undergo R.I. for 10 years and fine of Rs. 500/-, R.I. for 10 years and fine of Rs. 500/-, life imprisonment and finde of Rs. 500/-, R.I. for 7 years and fine of Rs. 500/- and life imprisonment and fine of Rs. 500/- respectively, by the Special Judge (SC/ST Act), Surajpur in Special case No. 42/2018 vide judgment dated 11/12/2020, which has been challenged in this appeal.

Learned counsel for the appellant would submit that the Special Judge has convicted the appellant for the aforesaid offences on the basis of incorrect evaluation of oral and documentary evidence on record. He ought to have relied upon the statements of P.W.-5 Besahu, P.W.-6 Rishikesh Pandey, P.W.-7 Ahmad Wahid and P.W.-8 Raju Patle by which it can safely be said that it is a fit case for suspension of sentence and grant of bail to the present appellant.

On the other hand, learned State counsel would oppose and submit that the application for suspension of sentence and grant of bail deserves to be rejected.

Taking consideration of the dying declaration of deceased Mona Singh (Ex. P/9) and the statements of P.W.- 1 Shankar Kumar Ravi, P.W.-2 Anjali Singh and P.W.-3 Lado alias Samriddhi, who are injured witnesses and further considering the other evidence available on record, we do not consider it a fit case for suspension of sentence and grant of bail to the present appellant.

Accordingly, I.A. No. 1 is hereby rejected.

                       Sd/-                             Sd/-
                (Sanjay K. Agrawal)                 (Rajani Dubey)
                       Judge                           Judge




Harneet