RAM KUMAR RATHIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard on IA No.1/2020, application for suspension of sentence and grant of bail. Earlier application filed was dismissed as withdrawn by this Court on 4.4.2019 and liberty was granted to the appellant to file repeat application after completion of two years in jail By the impugned judgment dated 12/10/2018 passed by the Sessions Judge, Korba , District-Korba(C.G.) in Sessions Trial No.- 93/2017, the Appellant stands convicted as under:-

(2.) Conviction Sentence U/s 307 of IPC. : R.I. for 10 years and fine amount of Rs.1,000/- and in default of payment of fine further 3 months additional simple imprisonment.

(3.) It is submitted by the counsel for the appellant that the conviction against the applicant is erroneous and without the presence of the evidence of prosecution beyond reasonable doubt. The appellant has now completed about 3 years in jail. The conviction against the appellant is bad in law. On the basis of the evidence of the prosecution case, the offence under Section 307 IPC is not made out. The examining doctor Dr. O.S. Kanwar(PW-9) has reported that injuries caused to the victim were of grievous nature and therefore he is not reported regarding the fatality of the injuries, hence, the appellant has good case to argue hence, it is prayed that he may be released on bail during the pendency of trial.