State Of Chhattisgarh v. Vishnu Rathore

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No.1159 of 2019 • State Of Chhattisgarh Through Police Station Pamgarh District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

1. Vishnu Rathore S/o Late Saheblal Aged About 50 Years

2. Saraswati Rathore W/o Vishnu Prasad Aged About 45 Years

3. Yogesh Rathore S/o Vishnu Prasad Aged About 25 Years

4. Narayan Rathore S/o Vishnue Prasad Aged About 30 Years All are R/o Village Dharashiv, Police Station Pamgarh, District Janjgir Champa, Chhattisgarh ---- Respondents For Appellant Shri Santosh Bharat, PL Hon'ble Justice Mr. Prashant Kumar Mishra Hon'ble Justice Mr. Goutam Chourdiya Order On Board by Prashant Kumar Mishra J.

10/07/2019 1.

On due consideration, IA No.1/2019, application for condonation of delay in filing the CRMP, is allowed and the delay of 300 days in filing the CRMP is condoned.

2.

The Trial Court has acquitted the accused from the charge under Section 304-B of IPC.

3.

Statement of PW-1 Ganesh Ram, father of the deceased, would highlight that the deceased was treated with cruelty in the name of dowry, however, he has not stated about demand of any

particular item or cash. In the cross-examination, this witness would admit that the main dispute between his daughter and sonin-law was concerning his ill habit of drinking and gambling. 4.

There being no specific allegation of demand of any particular item or cash and in view of the evidence about the main reason about their soured relation, the offence under Section 304-B of IPC is not made.

5.

No case for interference in this CRMP is made out. Accordingly, it is dismissed.

Sd/- Sd/- Prashant Kumar Mishra Gautam Chourdiya Judge Judge Nirala