Shiv Prasad vs State Of Chhattisgarh
2023 Latest Caselaw 32 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet
                               CRA No. 414 of 2003
                     Shiv Prasad Versus State Of Chhattisgarh

             7-




02-01-2023

Mr. Pawan Kesharwani, counsel for the appellant.

Mr. B.L. Sahu, PL for the State.

Learned counsel for the appellant would submit that in the dying declaration the deceased has made a statement that the present appellant has illicit relationship with his sister-in-law, but the Hon'ble Division Bench of this court while considering the Criminal Appeal No. 413 of 2003 arising out of the same Sessions Trial number, has held that the document (Ex.P/24) does not confer any confidence for conviction of the appellant and has disbelieved it and benefit of doubt has been given to the appellant. But the Hon'ble Division Bench of this court, while convicting the other appellant has held that the offence under Section 498-A of IPC is made out and has held that the conviction is legal and justified. He would also submit that the present appellant was not party in that case and, therefore, the finding recorded by the trial court is not applicable in the present case. He is taking the stand that the judgment of Hon'ble Division Bench of this court is not applicable to the facts and circumstances of the case of the present appellant and appellant is independently arguing the case to overcome the view that the punishment under Section 498-A of IPC is imposed upon the appellant.

When this court posed a specific query whether illicit relationship will fall within the ambit of Section 498-A of IPC or not, learned counsel for the appellant prays for short adjournment to argue the case.

As prayed for by learned counsel for the appellant, list this case on 4-1-2023.

Sd/-

(Narendra Kumar Vyas) Judge

Raju