State Of Chhattisgarh v. Reshma Nat

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 771 of 2019 State Of Chhattisgarh Through Police Station- Shivrinarayan, District- JanjgirChampa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

Reshma Nat W/o Late Devanand Nat Aged About 20 Years R/o VillageBhavtara, Police Station- Shivrinarayan, District- Janjgir- Champa, Chattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondent For Appellant/State :

Shri Subhash Yadav, Dy. Govt. Advocate DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 11/04/2019

1. Heard on IA No.1/19, application for condonation of delay in filing the appeal.

2. Upon due consideration of the grounds urged in the application, we are inclined to allow the same. Accordingly, the application is allowed. Delay in filing the appeal is condoned.

3. Heard on prayer for grant of leave to appeal.

4. Taking into consideration the submission of learned counsel for the State/appellant that despite established circumstances of homicidal death due to burning and that at that time, respondent was present in the house and she failed to explain how the deceased died of burning, we are inclined to grant leave to appeal as against impugned judgment of acquittal only to the extent the respondent has been acquitted of the charge of commission of offence under Section 302 IPC.

5. Accordingly, let the appeal filed by the State be registered as Acquittal Appeal and be listed for further orders.

6. Cr.M.P. is accordingly disposed off.

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