Chattisgarh High Court
Amit Rana vs State Of Chhattisgarh on 16 November, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 609 of 2021
Amit Rana S/o Late Maikal Rana, Aged About 39 Years R/o Rani Bagicha, Thana
Jashpur District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh
---- Appellant
Versus
State Of Chhattisgarh Through Thana Jashpur, District Jashpur Chhattisgarh., District :
Jashpur, Chhattisgarh
---- Respondent
Division Bench:-
Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Rakesh Mohan Pandey
16/11/2022 Shri Samir Singh, Advocate for the appellant.
Shri Soumya Rai, P.L. for the State/respondent.
Heard on I.A.No.1/2021, application for suspension of sentence and
grant of bail to the appellant.
The appellant has been convicted and sentenced by the judgment of
conviction and order of sentence dated 24-02-2021 passed in S.T. No.55/2019
by the Sessions Judge, District Jashpur (C.G.) in the following manner with a
direction to run both the jail sentences concurrently :-
Conviction Sentence
1. U/s 302 of the IPC Imprisonment for life and fine of Rs.1,000/-, in
default of payment of fine additional R.I. for 2
months
2. U/s 201 of the IPC R.I. for 5 years and fine of Rs.500/-, in default
of payment of fine additional R.I. for 1 month
Learned counsel for the appellant would submit that though the
appellant has been convicted for offence punishable under Section 302 and
201 of the IPC, but ingredients of offences are missing and there is no eye-
witness in the case. The conviction is based upon the circumstantial evidence
and chain of circumstances is not complete. He further submits that the
appellant is in jail since 29-08-2019 and thus, he prays for suspension of
sentence and grant of bail.
On the other hand, learned counsel for the State opposes the submission
made by Shri Samir Singh and submits that the doctor has given specific
opinion on the basis of the postmortem report (Ex.-P/7) to the effect that the
cause of death is strangulation and the death is homicidal in nature. He further
submits that on the basis of memorandum statement of the appellant (Ex.-P/5)
belt has been seized vide Ex.-P/13 on the instance of the appellant. He further
submits that the prosecution witnesses, Smt. Seema Ekka (PW-1), Smt. Karuna
Kamla Ekka (PW-2), Smt. Sanjo Devi (PW-3), Smt. Anima Tigga (PW-4) and
Smt. Surabhi Bhagat (PW-5) have supported the case of the prosecution. Thus,
he prays for rejection of the application for suspension of sentence and grant of
bail.
We have heard learned counsel for the parties and perused the record.
From the record, it appears that wife of the appellant, namely, Smt.
Nevami Rana had taken a loan of Rs.1,00,000/- from Bharat Finance Group.
The group members were called by the wife of the appellant on the date of
incident to collect money and some of the members of the group were present
at about 08:30 p.m. in the house of the appellant. At the same time, appellant
came there in inebriated condition and after abusing the members of the group,
entered into his house and thereafter the members of the group heard noise of
beating someone and when they entered into the house after opening the door,
they saw the appellant over the bed and body of son of the appellant, namely
Aniket Priyen Rana was hanging by neck with a belt tied on the roof of house.
Thereafter, body of the deceased Aniket Priyen Rana was laid on bed, but he
was lifeless. The merg intimation was given on 27-08-2019 at about 22:41
Hours and subsequently, the FIR was registered on 28-08-2019 at about 22:15
hours for offence punishable under Section 302 and 201 of the IPC against the
present appellant.
Doctor R.N. Kerketta (PW-7) has opined that the cause of death was
strangulation and it was of homicidal nature. Independent witnesses, members
of the group, Smt. Seema Ekka (PW-1), Smt. Karuna Kamla Ekka (PW-2), Smt.
Sanjo Devi (PW-3) and Smt. Surabhi Bhagat (PW-5) have witnessed the
incident and they have narrated the entire incident in their examination-in-chief.
Considering the oral as well as medical evidence available on record, we
do not find it a good case for suspension of sentence and grant of bail to the
appellant. Consequently, I.A. No.1/2021, application for suspension of sentence
and grant of bail is rejected.
Sd/- Sd/-
(Sanjay K. Agrawal) (Rakesh Mohan Pandey)
Judge Judge
Aadil
