State Of Chhattisgarh v. Nanku Ram Sauta

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 837 of 2020 • State Of Chhattisgarh Through The Station House Officer, Police Station Pali, District Korba, Chhattisgarh ---- Appellant

Versus

• Nanku Ram Sauta S/o Late Aghan Singh Sauta Aged About 54 Years R/o Village Jamnipani Kodar, Police Station Pali, District Korba, Chhattisgarh ---- Respondents ---------------------------------------------------------------------------------------------------------------- For Appellant/ State :

Shri Anurag Verma, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Shri Justice Narendra Kumar Vyas Order on Board By Manindra Mohan Shrivastava, J 01.04.2021

1. Heard on prayer for condonation of delay.

2. Taking into consideration, the cause shown in the application and the period of delay and also that the present is an appeal arising against judgment of acquittal against the charges of murder, we are inclined to condone the delay. Prayer is allowed. Delay is condoned.

3. Also heard on prayer for grant of leave to appeal.

4. Taking into consideration the submission made by the learned State counsel that the acquittal has been ordered without proper appreciation of reliable eye witness account of PW-6 and independent witness who have seen the accused assaulting his wife in jungle wherefrom later on dead body was

recovered and postmortem proves homicidal death, we are inclined to grant leave to appeal.

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

6. Accordingly, the CRMP is disposed of.

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