Peelaram Koreti vs State Of Chhattisgarh
2025 Latest Caselaw 1796 Chatt

Chattisgarh High Court

Peelaram Koreti vs State Of Chhattisgarh on 6 February, 2025

                                                                                NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                  CRA No. 145 of 2025

Peelaram Koreti S/o Samaruram Koreti Aged About 45 Years R/o Kishanpuri, Thana - Korar,
District - North Bastar Kanker, Chhattisgarh.
                                                                            ...Appellant
                                              versus
State Of Chhattisgarh Through - Thana In Charge, Korar, District - North Bastar Kanker,
Chhattisgarh.
                                                                       ... Respondent

06.02.2025 Mr. Anand Kumar Gupta, Counsel for the Appellant.

Ms. Laxmin Kashyap, Panel lawyer for the State.

Heard on admission as well as I.A. No. 01/2024, an

application under Section 389 of Cr.P.C. for suspension of

sentence and grant of bail.

Admit.

By virtue of the impugned judgment of conviction and order

of sentence dated 28.10.2024, passed by learned Principal

Session Judge, North Bastar Kanker Chhattisgarh in ST No.

13/2023, whereby appellant has been convicted and sentenced

as under:

Conviction Sentence

Under Section 294 of the RI for one month, fine of Indian Penal Code Rs.100/-. In default of payment further R.I. for 10 days.

Under Section 506(2) of R.I. for 03 years and fine of Rs. Indian Penal Code 100/- in default of payment further R.I. for 10 days.

Under Section 307 of Indian R.I. for 07 years and fine of Rs. Penal Code 100/- in default of payment further R.I. for 10 days.

All sentences to run concurrently.

Learned Counsel appearing for the appellant submits that

the appellant has wrongly been convicted by the Court and he

has been in jail since 28.10.2024. He stated that learned trial

court has committed grave error to ignore the time of incident and

there are contrary statements made about the time of incident.

Prosecution has failed to prove the necessary ingredients of the

offences and even no forensic report showing the blood on the

iron axe and cloths was of human. The appeal is likely to take

some more time to be finalized, therefore, it is prayed that his

application (I.A. No. 01/2024) may be allowed.

Per contra, learned counsel appearing for the

State/Respondent has opposed the said application by categorically stating that the blood found on the axe was of

human only and there are ample of clinching evidence which

clearly proves the offence committed by the petitioner.

I have heard learned counsel for the respective parties and

perused the record with utmost circumspection.

Having considered the facts and circumstances of the

case, this court found that there are several evidences showing

that the offenc has been committed by the petitioner himself and

also looking to the injuries sustained by the victim which are

grievous in nature, I am not inclined to allow this application

without commenting anything on merits of the case.

Accordingly, I.A. No. 01/2024 is rejected.

Call for the case diary.

List this case for final hearing in its due course.

sd/-

(Arvind Kumar Verma) Judge

Alfiza