State Of Chhattisgarh v. Ajay Netam

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 585 of 2021 • State Of Chhattisgarh Through The Station House Officer, Police StationBasantpur, District- Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

• Ajay Netam S/o Tulsiram Netam Aged About 25 Years R/o House No. 55, Ward No. 45, Shrishti Colony, Atal Awas, Police Station- Basantpur, DistrictRajnandgaon, Chhattisgarh --- Respondent For Petitioner/State :

Mr. Lalit Jangde, Dy. G.A.

DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 28/06/2021

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

2. Taking into consideration the submission of learned State Counsel that the learned trial Court has granted acquittal even though the deceased was found burning in her matrimonial house, she gave a dying declaration recorded by Executive Magistrate and there is also oral dying declaration and further that husband has failed to explain as to how his wife sustained such a grievous injury, report of the doctor proves presence of Kerosene on the body of the burnt deceased, we are inclined to grant leave to appeal. Prayer is accordingly allowed.

3. Let the appeal filed by the State be registered as an acquittal appeal and be listed for further orders.

4. CRMP is accordingly disposed off.

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