State v. Surtal

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 545 of 2010 • State of Madhya Pradesh (Now Chhattisgarh), through Police Station, Banki Mogra, District Bilaspur ---- Appellant

Versus

• Surtal S/o Madhosingh Kanwar, R/o Village Vijay Nagar Dipeeka, P.S. Banki Mogra, Distt,. Bilaspur (CG) ---- Respondent For Appellant. - Mr. Satish Gupta, Govt. Advocate for the State. Hon'ble Shri Justice T. P. Sharma Hon'ble Shri Justice Inder Singh Uboweja Judgment On Board (06/05/2015) Per T.P.Sharma, J.:- 1.

This is petition for grant of leave to appeal against the judgment of acquittal dated 17.02.1998 passed by the 2nd Additional Sessions Judge, Bilaspur (C.G.) in S.T.No.455/95, whereby the trial Court has acquitted the respondent of the charge of Section 302 read with section 120-B of the IPC.

2.

We have perused the judgment in question, especially paras 6,7 & 8. 3.

As per paras 6,7 & 8 of the judgment, virtually, there is no evidence, even examination of accused under Section 313 of the Cr.P.C. has not been recorded.

4.

Considering the aforesaid fact, we do not find any ground for grant of leave to appeal against the judgment of acquittal.

5.

Consequently, the petition for leave to appeal against the judgment of acquittal dated 17.02.1998 passed by the 2nd Additional Sessions Judge, Bilaspur in S.T.NO.455/95 is liable to be dismissed and is hereby dismissed.

JUDGE JUDGE Vijay