State Of Chhattisgarh v. Brijesh @ Mele Paikra

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 830 of 2020 State of Chhattisgarh Through Police Station Shankargarh, District Balrampur Ramanujganj, Chhattisgarh.

---- Petitioner

Versus

Brijesh @ Mele Paikra S/o Nawasay Paikra Aged About 23 Years R/o Village Manoharpur, Baherikona, Police Station Shankargarh, District Balrampur Ramanujganj, Chhattisgarh.

---- Respondent For Petitioner/State : Shri Mateen Siddiqui, Deputy Advocate General. Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Shri Justice Narendra Kumar Vyas Order on Board Per Manindra Mohan Shrivastava, Judge 31.03.2021 Heard on application for condonation of delay in filing of the appeal as also application for grant of leave to appeal. Even if we are inclined to condone the delay in filing application for grant of leave to appeal, we do not find that there is any merit in this application.

Though learned State counsel submits that there is witness to the incident, but she has not proved the case of the prosecution beyond reasonable doubt. Wife of the deceased herself claimed to be an eyewitness, but in the cross-examination, she has stated that she was not present at the place of incident. In such a situation, in absence of any other corroborative evidence, the Trial Court has rightly acquitted the Respondent. Therefore, no case of grant of leave to appeal is made out. The CrMP is accordingly dismissed.

Sd/- Sd/- (Manindra Mohan Shrivastava) (Narendra Kumar Vyas) Judge Judge Anu