The State Of Chhattisgarh v. Lasan @ Lahsan Uraon

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 239 of 2016 • The State Of Chhattisgarh Through - District Magistrate Balrampur - Ramanujganj, Chhattisgarh ---- Petitioner

Versus

• Lasan @ Lahsan Uraon S/o Tanis Uraon, Aged About 36 Years, Occupation - Agriculture, R/o Village Sukhri, P.S. Chando, Distt. Balrampur - Ramanujganj, Chhattisgarh ---- Respondent For Appellant-State Shri Adhiraj Surana, Dy. GA Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 15/07/2016 1.

This is an application seeking leave to appeal against the judgment of acquittal passed by the 1st ASJ, Ramanujganj acquitting the accused from the charges under Section 302 IPC.

2.

The accused was charged for committing murder of deceased Laxman. The case of the prosecution was based on eye witness account of PW-2 Tetara Ram, who is the father of the deceased. 3.

We have seen the judgment as well as the evidence of witnesses. Considering the evidence of eye witness Tetara Ram in its entirety, leave to appeal sought for by the State deserves to be granted.

4.

Accordingly, the application under Section 378 (3) Cr.P.C. is allowed and the State is granted leave to prefer an appeal. 5.

The criminal miscellaneous petition stands disposed of. 6.

Let acquittal appeal be registered against the respondent and notice thereof be sent on payment of process fee as per rules. 7.

It is made clear that if the respondent avoids to accept notice or fails to appear before this Court, coercive steps shall be taken in terms of Section 390 Cr.P.C. to secure his appearance. Sd/- Sd/- Judge Judge Prashant Kumar Mishra Chandra Bhushan Bajpai Nirala