Budhram Bharti vs State Of Chhattisgarh
2023 Latest Caselaw 69 Chatt

                           HIGH COURT OF CHHATTISGARH, BILASPUR
                                            Order Sheet
                                       CRA No. 1527 of 2021
                             Budhram Bharti Versus State of Chhattisgarh
    Division Bench:

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




04/01/2023        Mr. Ashutosh Singh Kachhawaha, Advocate for the appellant.

                  Mr. Somya Rai, Panel Lawyer for the respondent-State.

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

By impugned judgment of conviction and order of sentence dated 22.10.2021, the appellant has been convicted for offence under Section 302 of IPC and sentenced to undergo imprisonment for life with fine of Rs.1,000/- and, in default of fine, additional imprisonment of 03 months.

Learned counsel for the appellant submits that the appellant is in jail since 14.08.2019. He has not committed any offence and has been falsely implicated. There are major contradiction and omission in the statements of prosecution witnesses. The learned trial Court without appreciating the oral and documentary evidence available on record convicted the appellant for the aforementioned offence by recording perverse findings, which is contrary to record, thus, appellant be enlarge on bail by suspending his jail sentence.

Per-contra, learned State counsel opposed the application and submits that the appellant has assaulted his own father, namely, Ishwar Bharti (deceased) on a family dispute by means of 'danda', due to which he suffered grievous injury and died. By taking this Court to the statements of eye-witnesses, namely, Smt. Balo Bharti (PW-02) and Smt. Rambati (PW-04) coupled with other evidence available on record, he submits that there is sufficient material available on record to connect the appellant-accused with the offence and the learned trial Court has rightly convicted the appellant for the offence aforementioned and, therefore, the present application deserves to be rejected.

After hearing learned counsel for the parties and taking into consideration the material available on record and particularly considering the statements of eye- witnesses, namely, Smt. Balo Bharti (PW-02) and Smt. Rambati (PW-04) and the relationship between the deceased and the appellant i.e. son and father coupled with other piece of evidence available on record, we do not see any good ground to entertain this application for suspension of sentence and grant of bail and same deserves to be rejected.

Accordingly, IA No.01 is rejected.

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




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