State Of Chhattisgarh v. Nan Singh

CRMP No. 277 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 277 of 2020 • State Of Chhattisgarh Through Police Station Batauli, District Surguja, Chhattisgarh.

---- Applicant

Versus

• Nan Singh S/o Motilal Paikara Aged About 25 Years R/o Village Suarpara Botopara, Police Station Batauli, Ambikapur, District Surguja, Chhattisgarh.

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

31/01/2020

1. On due consideration delay of 48 days occurred in filling 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 charge under Section 302 of the I.P.C.

3. The accused was sent for trial for committing murder of

CRMP No. 277 of 2020 brother - Mansingh between 7 to 9 P.M. on 05.09.2017. PW-3 Motilal, father of deceased and the appellant as well was a witness to the extra judicial confession made by the accused to him, however, this witness has turned hostile. PW-6 Manbo and PW-7 Laganram were the witnesses to the disclosure statement and consequent seizure of hammer from the accused, however, these witnesses have also turned hostile.

4. Considering lack of evidence against the accused, no case for grant of leave to appeal is made out.

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

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