State Of Chhattistgarh v. Sadheram

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No. 861 of 2019 • State of Chhattisgarh, Through- Station House Officer, Police Outpost Fastarpur, Police Station City Kotwali, Mungeli, District Mungeli (C.G.) ---- Appellant/Applicant

Versus

• Sadheram, S/o Seva Ram Satnami, aged about 50 years, Resident of village Dabo, Police Outpost Fastarppur, Police Station City Kotwali Mungeli, District Mungeli (C.G.) ---- Respondent For Applicant/State :

Shri Avinash Choubey, Panel Lawyer Hon'ble Shri Justice Prashant Kumar Mishra, J Hon'ble Shri Justice Gautam Chourdiya, J Order on Board by Justice Prashant Kumar Mishra 06.08.2019 1.

The trial Court has acquitted the accused/respondent of the charges under Sections 364/34, 302/34 and 201/34 of IPC.

2.

We have heard learned State counsel and perused the entire record. 3.

Evidence of PW-4 Dhansingh, father of deceased and PW-5 Prem Bai, sister of deceased would clearly reflect that the deceased had made oral dying declaration to them.

4.

Considering the evidence on record, we consider that the present is a fit case for grant of leave to appeal. Accordingly, Cr.M.P. is allowed. 5.

Let regular acquittal appeal be registered and the same be placed for consideration in the next week.

Sd/- Sd/- (Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge vatti