Firu Ram Nagwanshi vs State Of Chhattisgarh
2022 Latest Caselaw 6840 Chatt

                                       1

              HIGH COURT OF CHHATTISGARH, BILASPUR
                             Order Sheet
                    Criminal Appeal No.428 of 2022
  •   Firu Ram Nagwanshi S/o Shri Gawar Say Aged About 48 Years R/o Village
      Karravyora Police Outpost Kotba, Thana Bagbahar District Jashpur
      Chhattisgarh.

                                                                   --- Appellant

                                     Versus
  •   State Of Chhattisgarh Through the District Magistrate Jashpur District
      Jashpur Chhattisgarh.
                                                                 ---Respondent

Division Bench:-

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

16/11/2022 Mr. Sunil Sahu, counsel for the appellant.

Mr. Animesh Tiwari, Dy. A.G. for the State.

Heard on I.A. No.01/2022, an application for suspension of sentence and grant of bail to the appellant.

Appellant has been convicted and sentenced by the learned Additional Sessions Judge, Patthalgaon, Jashpur, District- Jashpur, Chhattisgarh, vide judgment dated 18.02.2022 in the following manner:-

                      Conviction                            Sentence
             U/s. 302 of the Indian            R.I. for life and fine of Rs.1,000/-


Penal Code.                        and in default of payment of fine,
                                   additional R.I. for 1 year.

The case of the prosecution is that appellant - Firu Ram Nagwanshi gave an information to the police outpost Kotba, Police Station Bagbahar, District Jashpur on 11.12.2020 to the effect that he has committed murder of his wife Budhani Bai by hitting her head against wall and pressing her neck. Consequently, Rojnamcha No. 309 (Ex.P/30) was registered. Later on, the merg intimation (Ex.P/10) and Dehati Nalishi (Ex.P/4) was registered. Son of the appellant informed the police that there was a quarrel between his father and mother. Consequently, the offence punishable under Section 302 of IPC was registered against the present appellant.

Learned counsel appearing for the appellant submits that there was a scuffle between him and his wife and a part of wall fell down over the head of his wife and consequently she died and thus, the death is accidental and there is no direct evidence against the present appellant. He prays for suspension of sentence and grant of bail to the appellant.

On the other hand, learned State Counsel submits that at the time of incident, only the appellant and deceased were staying in the house, the appellant himself has given the information to the police and consequently, Rojnamcha No. 309 (Ex.P/30) was registered. He further submits that Dr. A.S. Thakur (PW-1) has found four injuries over various parts of the body and according to him, the cause of death is strangulation and forceful assault over the head, therefore, the application is liable to be rejected.

We have heard the learned counsel for the parties and perused the record of the trial Court.

From the record, it appears that the present appellant himself informed the police regarding commission of murder of his wife and consequently, Rojnamcha No. 309 (Ex.P/30) was registered. Further, the doctor on the basis of postmortem report (Ex.P/1) has opined that the cause of death is strangulation and unconsciousness caused by compression of head by hard and blunt object and further, it is a case of house murder where no one else was present except the appellant and deceased. Therefore, the appellant was under obligation to explain under what circumstances the deceased died.

Considering the evidence available against the present appellant, we are not inclined to allow this application for suspension of sentence and grant of bail.

Accordingly, I.A. No.01/2022, application for suspension of sentence and grant of bail is rejected.

Certified copy as per rules.

                    Sd/-                                  Sd/-

          (Sanjay K. Agrawal)                     (Rakesh Mohan Pandey)
                Judge                                      Judge




Nimmi