Bhupendra Prasad v. State Of Chhattisgarh And ORS.

IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT

BID\:SPUR , r'nL;- ..

• - • "

"

fgg ACOUITTAL APPEAL No.

/2014 APPLICANT Bhupendra Prasad, S/o Late Shri Ram Prasad Uppadhya, Caste- ^^^sfl"o:

'^^1''

.-••""

Bhramhin , aged about 44 years, R/o Purani Basti, Korba, Distt, Korba, (C.G.).

VERSUS <:

- .

i.

State of Chhattisgarh Through;

NON-APPLICANT Rakshit Kendra, Baloda, Dist, JanjgirChampa(C.G). 2.

Laxmikant, S/o Shri Manharan Trivedi, aged about,43 years.

.< 3.

Dhaaeshwar^ Singh S/o Late ^Shivy^_ BundelSingh aged about, 40 years Respondent no.2 and 3 were resident of Bhraman Para, Purani Basti Ward no.3 Korba Dist, Korba(C.G).<'

Crime No. 184/2013 P.S O.P. Pantora Baloda < APPEAL UNDER SECTION -i72 OF THE CODE OF CRIMINAL PROCEDURE I^J3®)^)2J>^ Being aggrieved by the judgment ofacquittal dated^o7o8/2oi4^ A--^> passed in Session Trail no. 10/^014 by the learned III rd Additional Session Judge Janjgir-Champa, Dist. Janjgir-Champa (C.G.). The Copy of the judgment dated 30/08/2014 is field and marked herewith as Annexute A-i. Wliereby acquitting the non applicant/Accused from < <-- .

^ the charges under sections 302/34,201,394 Read With Section 397 of Indian Penal Code 1860.

The appellant is the elder brother of deceased Santosh who has been murdered by the non-applicant/accused no. 2 and 3 against who the offence under section 302/34,201,394 read with section 397 of I/ ^^^^^^li^^^^^l^^^^^^fi^^^^^^^^^^^

^j^ HIGH COURT OFCHHATTISGARH AT BILASPUR Coram: HON'BLE MR.T.P.SHARMA& HON'BLE MR.I.S.UBOWEJA, JJ Acauittal Appeal No.188of2014 Bhupendra Prasad ADDellant

Versus

1.

State of Chhattisgarh Respondents 2.

Laxmikant 3., Dhaneshwar.Singh ^pipeSssaer Section 372 bf the Cr.P.C.) Mr.Arvind Dubey, counsel for the appellant.

Ms Pushpa Dwivedi, Panel Lawyer for respondent No.l/State.

ORDER

? ^(26-2-2015)

1. This is an acquittal appeal under proviso to Sectiori 372 of the Cr.P.C. c against the judgment of ;acquittal dated 30.8.2014 passed by the Third Additional Sessions Judge, Janjgir,Sessions Division Janjgir-Champa in S.T.No.10/2014, whereby the trial Court has acquitted respondents No.2 and Softhe charges of Sections 302/34, 201 and 394 read with Section 397ofthelPC.

2. After arguing for sometime, learned counsel for the appellant seeks to withdraw this appeal with liberty to file appeal on behalf of the victim as defined under Section 2 (wa) ofthe Cr.P.C.

3. As prayed, the appeal is dismissed as withdrawn reserving the aforesaid liberty available underthe law. Certified copy ofthejudgment impugned be returned to counsel for the appellant after furnishing photostat copy of the same.

_ Sd/- Inder Singh Uboweja Judge Sd/- T.F.rShamia Judge sSSS^S&SSsS