Ramnath Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 1555 Chatt

Citation : 2022 Latest Caselaw 1555 Chatt
Judgement Date : 24 March, 2022

Chattisgarh High Court

Ramnath Yadav vs State Of Chhattisgarh on 24 March, 2022

                            HIGH COURT OF CHHATTISGARH, BILASPUR
                                               Order Sheet
                                          CRA No. 226 of 2020
                              Ramnath Yadav Versus State of Chhattisgarh




24/03/2022

Mr. Jeet Ram Patel, Advocate for the appellant.

Mr. Somya Rai, Panel Lawyer for the State.

Heard on IA No.01 of 2020, 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.

The appellant has been convicted for offence under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.2,000/- by the learned trial Court vide impugned judgment of conviction and order of sentence dated 20.01.2020.

Learned counsel for the appellant submits that the appellant has been falsely implicated and the learned trial Court without appreciating the oral and documentary material available on record convicted the appellant for offence under Section 302 of IPC.

Per-contra, learned State counsel opposed the application and submits that the appellant has committed murder of his wife by assaulting her by means of 'lathi'. By referring to Exhibits P/5, P/6 & P/31, it is further submitted that pursuant to the memorandum statement of appellant-accused, 'lathi' and clothes of the appellant were seized, on which human blood stains were found and, therefore, the present application deserves to be rejected.

After hearing the learned cousels for the parties and taking into consideration the material available on record particularly the memorandum statement of appellant-accused (Exhibit-P/5) pursuant to seizure memo (Exhibit-P/6) was affected whereby 'lathi' and clothes of the appellant were seized on which human blood stains were found as per FSL report (Exhibit-P/31), we do not consider it a fit case for suspension of sentence and grant of bail. Accordingly, IA No.01 of 2020 is rejected.

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