Ramdhan Korva vs State Of Chhattisgarh
2022 Latest Caselaw 1708 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                             CRA No. 552 of 2020

                Ramdhan Korva     Versus State Of Chhattisgarh




30/03/2022

Shri Rakesh Pandey, counsel for the appellant/s.

Shri Kapil Maini, Panel Lawyer for the State.

Heard on I.A.No.2/2020, application for suspension of sentence and grant of bail.

The appellant has been convicted by the learned First Additional Sessions Judge, Surguja (Ambikapur) (CG) in Sessions Trial No.300/2010 vide judgment and order of sentence dated 09/12/2014 for the offences under Sections 302 IPC and sentenced to undergo life imprisonment and fine of Rs.200/-, in default of payment of fine amount, additional R.I. for 10 days and under Section 324 of IPC, R.I. for three years. All the sentences to run concurrently. The has challenged the same in this appeal.

Case of the prosecution in brief is that the appellant along with other co-accused formed an unlawful assembly armed with deadly weapons and committed murder of Raju and also inflicted injuries to Gohandhul, Bandhan, Devri Bai, Chhotu etc. with the help of bow and arrow.

Learned counsel for the appellant would submit that the learned Trial Court has convicted the appellant herein on the basis of irrelevant and inadmissible piece of evidence and as such, the substantive jail sentence deserves to be suspended during the pendency of the appeal.

Learned State counsel would oppose the application for suspension of sentence and grant of bail and submitted that learned Trial Court has rightly convicted the appellant. Taking into consideration the statement of Bandhan Korva (PW2), Chhotu (PW5), Devri Bai (PW6), Gohandul (PW7), the injured witnesses and considering the medical opinion of Dr. P.S.Marco (PW20), we do not find it to be a fit case for suspension of sentence and grant of bail. I.A.No.2/2020 is accordingly rejected.

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




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