Chattisgarh High Court
Dhaneshwar Verma Alias Nanu vs State Of Chhattisgarh on 23 September, 2021
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No.252 of 2020
• Dhaneshwar Verma Alias Nanu, S/o Devsharan, Aged About 19 Years, R/o Village
Kolendra, P. S. Dongargarh, District : Rajnandgaon, Chhattisgarh
---- Appellant
Versus
• State of Chhattisgarh, Through P. S. Dongargarh, District : Rajnandgaon,
Chhattisgarh
---- Respondent
23.09.2021 Shri F.S. Khare, Counsel for the Appellant.
Shri Anshuman Shrivastava, PL for the State/Respondent. Heard on prayer for suspension of sentence and grant of bail to the appellant.
The appellant has been convicted under the impugned judgment of conviction and order of sentence dated 25.01.2020 passed by the learned Additional Sessions Judge, Dongargarh, District - Rajnandgaon (Chhattisgarh) in S.T. No.09/2019.
Learned counsel for the appellant would submit that the prosecution case is based on weak and doubtful circumstantial evidence as there is no eye-witness. The evidence with regard to recovery of stolen ornaments of the deceased/Hembai Verma after her alleged murder, is also doubtful in view of wavering statements of the independent witnesses of memorandum and seizure Gulab Verma (PW-
2) and Sudama (PW-7). He would further submit that even the recovery of clothes of the appellant from his house is said to be stained with blood is doubtful, because the witnesses have not clearly stated but according to them all the documents were prepared and signature was obtained under the tree, which is different from the place from which the said articles were recovered at the instance of the appellant. It is next submitted that the evidence of appellant having entered into dispute with the deceased due to appellant having some kind of relation with the wife of Dhiraj Verma (PW-1) also does not constitute any strong motive and only on suspicion he has been involved. It is further submitted that the knife and stump are alleged to be seized from the house of deceased are not in exclusive possession of the appellant. The key of the lock of the house of the deceased said to have been recovered from an open place on the road, on the appellant disclosure could not be proved to be that fitting in the lock and no panchnama has been prepared.
On the other hand, learned State counsel opposes and submits that though there are no eye witnesses, the circumstantial evidence of clinching nature of the case which has been made basis for conviction of the appellant for murder of the deceased - Hembai Verma and his son Kartik Ram. He would submit that appellant being suspect was taken into custody and on his memorandum the stolen ornaments of the deceased were seized as also the weapon alleged to be used to be in commission of offence. Appellant clothes were also seized from his house. The appellant clothes have been found to be stained with blood. The jewelery has also been found to be stained with blood of particular group and origin which was found in the blood collected from the place of incident i.e. house of the deceased - Hembai Verma.
Considering the submission of learned counsel for the parties and particularly taking into consideration the circumstantial evidence and the evidence on the basis of which conviction has been ordered, we do not consider present to be a fit case for grant of bail, accordingly the application is therefore rejected.
Post this matter for final hearing.
Sd/- Sd/-
(Manindra Mohan Shrivastava) (Vimla Singh Kapoor)
Judge Judge
Yasmin