State Of Chhattisgarh v. Mahipal Singh

CRMP No. 248 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 248 of 2020 • State Of Chhattisgarh Through - Police Station - Balco Nagar, District - Korba Chhattsgarh.

---- Applicant

Versus

• Mahipal Singh S/o Shri Karan Singh Kanwar Aged About 33 Years R/o Jambahar, Police Station - Balco Nagar, District - Korba Chhattisgarh.

---- Respondent For Applicant-State :- Shri Rajendra Tripathi, PL Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Gautam Chourdiya Order On Board By Prashant Kumar Mishra, J.

29/01/2020

1. On due consideration delay of 273 days occurred in filing of the Cr.M.P. is condoned. Accordingly, I.A. No.01/2020, for condonation of delay is allowed.

2. The trial Court has acquitted the accused of the charges under Sections 302, 201 of the I.P.C.

3. At about 11 P.M. on 09.06.2018, the accused assaulted the

CRMP No. 248 of 2020 deceased by means of rubber pipe having iron fittings at one end. Deceased went back to his house and died. The assault happened because the accused saw the deceased with his wife in a compromising position.

4. Almost all the material witnesses have turned hostile and have not supported the case of prosecution. Mobile belonging to the deceased was recovered from the accused but it is not proved that the said mobile belonged to the accused. Except for the suspicion that the deceased has extra marital affair with the wife of the accused, there is no conclusive evidence to prove that his murder was committed by the accused.

5. Considering the lack of evidence, we are not inclined to grant leave to appeal against acquittal.

6. Accordingly, the Cr.M.P. deserves to be and is hereby dismissed.

SD/- SD/- (Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Ayushi