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2012 DIGILAW 206 (CHH)

BHIKHAM DEO DWIVEDI v. STATE OF C. G.

2012-08-14

RADHE SHYAM SHARMA, SUNIL KUMAR SINHA

body2012
ORDER Heard. Admit. Also heard on LA. No. 1/2012. This is an application for suspension of sentence and grant of bail to the appellant. The appellant has been convicted' u/s 302 IPC and sentenced to undergo imprisonment for life and fine of Rs.500 with default sentence of R.I. for 3 months. Deceased - Chandrika Bai was a deserted lady. She was residing all alone in a hutment near village tank. On 19-01-2011 her dead body was found in her hut. The post mortem report revealed that it was a homicidal death. During the course of investigation the appellant was taken into custody and memorandum statement u/s 27 of the Evidence Act was recorded and certain golden and silver ornaments belonging to the deceased were seized at the instance of the appellant from the tank. One bucket belonging to the deceased was also seized at his instance. Seized articles were identified to be that of the deceased. Case of the prosecution is that the deceased was in love with the appellant and when she pressurized the appellant to marry her, the appellant committed her murder in his house and thereafter, kept the dead body in the hut of the deceased. Mr. Verma argues that if the appellant would commit murder of the deceased on account of her pressure for marrying her, why he would remove the ornaments and then why he would throw the ornaments in the tank. His submission is that the circumstances set-forth by the prosecution were not established; they were not of conclusive nature and tendency; and were capable of being explained and chain of circumstantial evidence was also not complete. Considering above facts and circumstances of the case, we are of the view that it is a fit case to suspend the substantive jail sentence imposed against the appellant. Accordingly, I.A. No. 1/2011 is allowed and it is directed that substantive jail sentence imposed against the appellant shall remain suspended during the pendency of the appeal and the appellant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of Trial Court for his appearance before the Registry of this Court on 16th of October, 2012. Thereafter, the appellant shall not be required to appear either before the Registry or any other Court unless so directed in that behalf. Thereafter, the appellant shall not be required to appear either before the Registry or any other Court unless so directed in that behalf. Certified copy as per rules. Application Allowed.