Rajkumar Pando vs State Of Chhattisgarh
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Chattisgarh High Court

Rajkumar Pando vs State Of Chhattisgarh on 19 June, 2024

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                                Order Sheet

                                      CRA No. 1111 of 2021

   Rajkumar Pando S/o Budhram Pando Aged About 35 Years R/o Village Angwahi, Police
   Station - Sonhut, District - Koria (C.G.)

                                                                                     ---- Appellant

                                                Versus

   State Of Chhattisgarh Through Police Station - Sonhut, District - Koria (C.G.)

                                                                              ---- Respondent

19/06/2024 Shri Ashok Kumar Swarnkar, counsel for the appellant.

Shri R.K. Gupta, Addl. A.G. for the State.

Heard on I.A. No.01 application for suspension of sentence and grant of bail.

Appellant has been convicted by the judgment of conviction and order

of sentence dated 23/08/2021 passed in Sessions Case No.28/2021 by the

Additional Sessions Judge, Baikunthpur, District Koriya (C.G.) in the following

manner with a direction to run the sentences concurrently:-

U/s 302 of IPC : Imprisonment for life and fine of Rs.1000/-. In default of payment of fine, to undergo RI for 1 month.

U/s 450 of IPC Imprisonment for 10 years and fine of Rs.500/-. In default of payment of fine, to undergo RI for 15 days.

Learned counsel for the appellant would submit that statement of the

eye witness PW-1 and PW-2 is improbable and unacceptable, considering

the nature of injury as the axe by which the injury was caused was around 9

cm long whereas the nature of injury is only 3 cm, therefore it is highly improbable. He further submits that undigested food was found in the

stomach and the alleged incident was said to have been in the morning

which cannot be as incident might have been occurred in the night. He

further submits that it was a case of accident and the appellant have been

falsely implicated, therefore the appellant may be released on bail.

Learned State Counsel opposes the prayer for grant of bail.

We went through the statement of PW-1 and PW-2 as also the

postmortem report. Apart from that from the appellant the axe was

recovered and on FSL the human blood was found which remains

unexplained, therefore at this stage, we are not inclined to suspend the

substantive jail sentence and release the appellant on bail.

Accordingly, I.A. No.01 application for suspension of sentence and

grant of bail is dismissed.

                   Sd/-                                                        Sd/-

             (Goutam Bhaduri)                                          (Rajani Dubey)
                Judge                                                     Judge




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