State Of Chhattisgarh v. Bajrang Vaishnav

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 647 of 2016 • State Of Chhattisgarh Through - District Magistrate Korba Chhattisgarh ---- Petitioner

Versus

• Bajrang Vaishnav S/o Late Kirtandas Vaishnav Aged About 34 Years R/o Katghora, Purani Basti, P.S. Katghora, Distt. Korba Chhattisgarh ---- Respondent For Petitioner/State Mr. Vivek Sharma, Government Advocate Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 21/7/2016

1. Heard.

2. This application seeking leave to appeal has been preferred against the judgment of acquittal passed by the First Additional Sessions Judge, Katghora, District Korba, acquitting the respondent/accused from the charges under Sections 498A, 304B, in alternative under Section 302 of IPC.

3. It is argued that despite evidence of Arvind Kumar Vaishnav (PW1, brother of the deceased, Smt. Vidhya Bai (PW-2, mother of the deceased), Sandeep Kumar Vaishnav (PW-3, brother of the deceased), Smt. Shashikala Vaishav (PW-7, sister of the deceased)

as well as the Dying Declaration -Ex.P/13 recorded by Parwati Patel (PW-6), Executive Magistrate, the trial Court has acquitted the accused.

4. On perusal of the impugned judgment as well as the statements of witnesses, we are fully satisfied that the leave to appeal deserves to be granted.

5. Accordingly, the CRMP is allowed.

6. Let regular acquittal appeal be registered and notice thereof be sent to the respondent on payment of P.F. as per rules.

7. It is made clear that if the respondent avoids acceptance of notice, this Court shall proceed to invoke Section 390 of Cr.P.C. to secure his presence.

Sd/- Sd/- Judge Judge (Prashant Kumar Mishra) (Chandra Bhushan Bajpai) Shyna