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High Court Of ChhattisgarhCRMP/305/2020allowed

State Of Chhattisgarh v. Mahesh Ram

2021-08-05Hon'Ble Shri Justice Manindra Mohan Shrivastava,Hon'Ble Smt. Justice Vimla Singh Kapoor1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 305 of 2020 • State Of Chhattisgarh Through Police Station - Batoli, Ambikapur, District - Surguja, Chhattisgarh ---- Petitioner

Versus

• Mahesh Ram S/o Late Rajnath, Aged About 45 Years R/o Village - Tiranga, Korkotpara, Police Station - Batoli, Ambikapur, District - Surguja, Chhattisgarh. --- Respondent For Petitioner/State :

Mr. Ravish Verma, G.A.

DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 05/08/2021

1. Heard on application (I.A. No.1/2020) for condonation of delay in filing the appeal as also prayer for grant of leave to appeal.

2. Taking into consideration the cause shown in the application as also taking into consideration that the respondent-accused has been acquitted of the charge of murder though the prosecution came out with the circumstantial evidence of deceased wife of the accused lying dead in her house, medical evidence proving homicidal death due to injuries, accused failing to establish any plea of alibi, there being evidence of quarrel and also the clothes of the accused and the weapon seized found to be stained with blood, we are inclined to condone the delay. The application (I.A. No.1/2020) is allowed. Delay is condoned and prayer for grant of leave to appeal is accordingly allowed.

3. Let the appeal filed by the State be registered as an acquittal appeal and be listed for further orders.

4. CRMP is accordingly disposed off.

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