Hemlal Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 6685 Chatt

                        HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet
                                     CRA No. 248 of 2022

                             Hemlal Yadav Versus State of Chhattisgarh

   Division Bench:
   Hon'ble Shri Justice Sanjay K. Agrawal &
   Hon'ble Shri Justice Rakesh Mohan Pandey



09/11/2022        Mr. Y.C. Pandey, Advocate for the appellant.

                  Mr. Arjit Tiwari, Panel Lawyer for the respondent-State.

Mr. Shobit Koshta, Advocate for the victim.

Heard on IA No.01, which is an application filed on behalf of the appellant under Section 389 of Cr.P.C. for suspension of sentence and grant of bail.

By impugned judgment of conviction and order of sentence dated 07.01.2022, the appellant has been convicted for offence under Section 302 of IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs.100/- and, in default of fine, additional 01 month's rigorous imprisonment and also under Section 201 of IPC and sentenced to undergo 03 years' rigorous imprisonment with fine of Rs. 100/- and, in default of fine, additional 01 month's rigorous imprisonment.

Learned counsel for the appellant submits that the appellant is in jail since 30.06.2019. He is innocent and has been falsely implicated. There there are major contradiction and omissions in the statements of prosecution witnesses and the learned trial Court has committed grave legal error in convicting the appellant by considering irrelevant evidence and recording perverse findings, hence, he deserves to be enlarged on bail by suspending his jail sentence.

Per-contra, learned State counsel opposed the application and submits that on account of previous enmity and dispute the appellant has assaulted deceased- Gopal Sahu by means of an iron hammer on his head and, thereby, committed his murder. By taking this Court to the memorandum statement of appellant-accused (Ex.P/14), FSL report (Ex.P/31) and the statements of Ghanshyam @ Bunty (PW-

01) and Premlal Sahu (PW-03), learned State counsel submits that there are ample evidence available on record to connect the appellant with the said offences and the learned trial Court has rightly convicted the appellant for offence under Sections 302 & 201 of IPC, therefore, the application is liable to be rejected.

Having heard learned counsels for the parties and after going through the material available on record and especially considering the memorandum statement of the accused (Ex.P/14), pursuant to which a blood stained hammer, used in the offence in question, has been seized and the FSL report (Ex.P/31), in which it has been clearly indicated that human blood stains were found on the said hammer coupled with the statements of statements of Ghanshyam @ Bunty (PW-

01) and Premlal Sahu (PW-03), who were the eye-witnesses and other material available on record, we do not find any good ground for entertaining the application for suspension of sentence and grant of bail.

Accordingly, IA No.01 is rejected.

                          Sd/-                                      Sd/-
                    (Sanjay K. Agrawal)                  (Rakesh Mohan Pandey)
                         Judge                                  Judge




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