Hemlal Sen vs State Of Chhattisgarh
2025 Latest Caselaw 945 Chatt

Chattisgarh High Court

Hemlal Sen vs State Of Chhattisgarh on 3 January, 2025

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          Digitally
          signed by
                               HIGH COURT OF CHHATTISGARH AT BILASPUR
          BABLU
BABLU     RAJENDRA
RAJENDRA  BHANARKAR
BHANARKAR Date:
          2025.01.04
          10:46:37
          +0530                               CRA No. 1401 of 2024

                       Hemlal Sen S/o Late Pancham Sen Aged About 35 Years R/o Sikola
                       Basti, Durg, Police Station Mohan Nagar, District- Durg Chhattisgarh.
                                                                               ... Appellant
                                                      versus
                       State Of Chhattisgarh Through Station House Officer, Police Out
                       Post- Tumdibod, Police Station Lalbag, District- Rajnandgaon
                       Chhattisgarh.
                                                                         ... Respondent

Order Sheet

03/01/2025 By the impugned judgment of conviction and order

of sentence dated 22.05.2024, the Sessions Judge,

Rajnandgaon in Sessions Case No.76 of 2021 has

convicted the appellant for the offence punishable under

Section 302 of the Indian Penal Code (for short, the

IPC) and sentenced to undergo rigorous imprisonment

for life and fine of Rs.1000/-, in default of payment of

fine, he shall further undergo rigorous imprisonment for

six months.

Heard Mr. Sudhir Kumar Bajpai, learned counsel

for the appellant and Mr.S.S.Baghel, learned Deputy

Government Advocate, appearing for the

State/respondent on the instant application for

suspension of sentence and grant of bail (I.A. No.01 of

2024).

Learned Counsel for the convict/appellant has

argued that the appellant has not committed any

offence and he has falsely been implicated in crime in

question. He further submits that eyewitnesses in the

present case have turned hostile and they have not

supported the case of the prosecution. There is no

admissible evidence in the present case. He also

submits that the appellant is in jail since 22.05.2021and

the appeal is likely to take some time for its conclusion,

hence the appellant has filed the instant application for

suspension of sentence and grant of bail.

On the other hand, Mr.S.S.Baghel, learned

Deputy Government Advocate, opposes the application

for suspension of sentence and grant of bail and

submits that the deceased has made dying declaration

(Ex.P-26) in which she has categorically stated the act

of the appellant while answering question No.4 put to

her that the incident happened at 5 o'clock in the

morning today. At that time, her bother-in-law Hemlal

Sen poured kerosene on her and set her on fire.

We have heard learned counsel for the parties

and perused the records of the Court below.

Considering the material available on record,

particularly the dying declaration made by the

deceased (Ex.P-26) before the Executive Magistrate,

Rajnandgaon in which she has specifically stated the

act of the appellant while answering question No.4 put

to her, at this stage, we deem it appropriate to reject

the application for suspension of sentence and grant of

bail. Accordingly, IA No. 01 of 2024 stands rejected.

With the consent of learned counsel for the

parties, the Court proceeds to hear the appeal on its

merit for final hearing.

List this case on 06.01.2025 for further hearing

enabling learned counsel for the appellant to place

relevant case law on dying declaration.

                   Sd/-                           Sd/-

        (Ravindra Kumar Agrawal)             (Ramesh Sinha)
              Judge                            Chief Justice




Bablu