Chattisgarh High Court
Shiv Kumar Bhoy vs State Of Chhattisgarh on 5 May, 2025
1
HIGH COURT OF CHHATTISGARH, BILASPUR
IA No. 1 of 2024
In Re:
Cr. A. No. 2042 of 2024
1 - Shiv Kumar Bhoy S/o Bana Bhoy Aged About 40 Years Occupation
Agriculture Village Lohakhan, P.S. Pusour, District Raigarh
Chhattisgarh.
2 - Jitendra Bhoy S/o Bana Bhoy Aged About 40 Years Occupation
Agriculture Village Lohakhan, P.S. Pusour District Raigarh
Chhattisgarh.
... Appellants
versus
State of Chhattisgarh, Through Officer Incharge P.S. Pusour, District
Raigarh Chhattisgarh.
---- Respondent
Order Sheet
05/05/2025 By the impugned judgment of conviction and order of sentence
dated 05/11/2024 (Annexure A-1) passed by learned Session Judge,
Raigarh, (CG), the appellants stand convicted and sentence as
under:-
Conviction Sentence
U/s 302/34 of IPC : Rigorous Imprisonment for life
with fine of Rs.2500/-, in
default of payment of fine, 06
months additional RI to each
appellants.
U/s 201/34 of IPC Rigorous imprisonment for 07
years & fine of Rs.2500/-, in
default of payment of fine, 06
months additional RI to each
appellants.
Both the sentences are run concurrently
Heard, Mr. Sanjay Agrawal, learned counsel for the appellants
as well as Mr. Sangarh Pandey, learned Government Advocate for the
respondent/State on the instant application for suspension of
sentence and grant of bail (IA No.1/2024).
Learned counsel for the appellants submits that appellants have
been falsely implicated in this case, they have not committed any
offence as alleged against him. There is no eye-witness of the
incident, trial Court convicted the appellants only on the basis of
circumstantial evidence. There are many contradictions and omissions
in the statements of prosecution witnesses. PW-4 & PW-11 (Saroj
Kumar Bhoy & Narayan Bhoy) have not supported the case of
prosecution. Dead body of the deceased (Udayram Bhoy) was
recovered in hanging condition after two days of the incident and
prosecution have failed to prove any motive to commit the murder of
deceased by the appellants. Appellants are in jail since 18.07.2022
and further the appeal is likely to take time for final disposal, hence,
he prays that the appellants be enlarged on bail.
Learned State Counsel opposes the submission of
counsel for the appellants and would submit that deceased is cousin
brother of the appellants/accused and there is some dispute between
them regarding partition of property. The Police brought a sniffer dog
to the crime scene, which sniffed the sleeper (chappal) of the
appellant/accused, leading to their arrest and confession. The
circumstantial evidence proves that the sleeper belonged to the
accused person. Prosecution witnesses also made clear statements in
their evidence regarding commission of murdered by the appellants.
Dr. Anil Kumar Bhagat (PW-10) after examination of dead body of
deceased has opined that cause of death is shock due to
hemorrhage, which may be caused due to injury. He also found
fracture on neck of deceased. There are some previous criminal
antecedents against the appellants. Hence, appellants may not be
released on bail. Findings arrived at by the learned trial Court is just
and proper.
We have heard the learned counsel for the parties and
perused the documents appended with the bail application.
Considering the facts and circumstances of the case,
submissions of counsel for the respective parties, statements of
prosecution witnesses and other evidence/material available on
record, particularly the evidence of Dr. Anil Kumar Bhagat (PW-10)
who opined that cause of death is homicidal and also found fracture
on neck of the deceased, further the fact that there are some dispute
between appellants and deceased regarding partition of property,
further considering that the sniffer dog has sniffed the sleeper
(chappal) of appellant/accused, leading to their arrest and confession,
we are not inclined to allow the application for suspension of sentence
and grant of bail moved on behalf of the appellants.
Accordingly, IA No.1/2024 is hereby rejected.
List this case for final hearing after six months.
Sd/- Sd/-
(Arvind Kumar Verma) (Ramesh Sinha)
Judge Chief Justice
J/-
