State Of Chhattisgarh v. Ejinius Ekka

CRMP No. 1062 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1062 of 2019 • State of Chhattisgarh Through Station House Officer, Police Station- Jashpur, District- Jashpur, Chhattisgarh. ---- Applicant

Versus

• Ejinius Ekka S/o Anantiyus Ekka Aged About 45 Years Caste- Uraon, R/o Chote Karounja, Police Station- Jashpur, District- Jashpur, Chhattisgarh.

---- Respondent For Applicant-State :- Shri Neeraj Mehta, PL Hon'ble Shri Prashant Kumar Mishra Hon'ble Shri Gautam Chourdiya, JJ.

Order on Board By Prashant Kumar Mishra, J 02/07/2019

1. Heard learned State counsel on I.A. No.1 as also on admission.

I.A. No.1 of 2019

2. This is an application for condonation of delay in filing the application seeking leave to appeal.

3. On due consideration, the application is allowed and delay

CRMP No. 1062 of 2019 of 125 days in moving the application is condoned.

4. Accused was sent for trial for committing offence under Sections 294, 506 and 307 of IPC. Though, the victim, PW12 (Rahul Kujur) has suffered injuries over his neck and chest by means of knife, when examined in Court, the victim has turned hostile and has not supported the prosecution. He has stated that after consuming Hadia (हडडयय) (local brewd country made liquor) together he was lying beneath a Bargad (banyan) tree and on his return journey he fell and sustained injuries over his body and further that no one has assaulted him to cause the injury.

5. In view of the above statement of the victim, the trial Court has rightly acquitted the accused.

6. Accordingly, there is no substance in this application seeking leave to appeal, it fails and is hereby dismissed. Sd/- Sd/- (Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Ankit