Radha Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR ACQA No. 12 of 2021 Radha Bai Wd/o Bahadur Singh Aged About 55 Years, R/o Block Chowk Baramkela, P. S. And Tahsil Baramkela, District Raigarh Chhattisgarh ---- Appellant

Versus

1. State Of Chhattisgarh through the Station House Officer, District Raigarh Chhattisgarh

2. Abhigyan Pujari @ Chhuttan S/o Awdhesh Pujari Aged About 27 Years R/o Indira Chowk Baramkela, P. S. Baramkela, District Raigarh Chhattisgarh ---- Respondents For Appellant :

Shri M.K. Jaiswal, Advocate For State :

Shri Neeraj Pradhan, Panel Lawyer DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 17/02/2021 Heard on admission.

1. Though it is argued by learned counsel for the appellant that a T-shirt seized from the possession of respondent No.2/accused has been found to be stained with blood, we find that all the material witnesses including eyewitness have turned hostile and the only basis to seek admission of the respondent No.2/accused is recovery of a blood stained T-shirt, which also does not show the group and origin of the blood much less that of the deceased.

2. Therefore, in our opinion, present is not a fit case for admitting the appeal of the appellant.

3. The appeal is therefore dismissed.

Sd/- Sd/-- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Praveen