State Of Chhattisgarh v. C. H. Narsingh Rao

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Criminal Miscellaneous Petition No.1088 of 2015 State of Chhattisgarh through District Magistrate Jagdalpur, District Bastar, Chhattisgarh ----- Petitioner versus

1. C.H.Narsingh Rao, S/o C.H. Kondaiyya, aged about 27 years,

2. C.H. Kondaiyya, S/o C.H. Achaiyya, aged about 65 years,

3. C.H. Narayanamma, W/o C.H. Kondaiyya, aged about 60 years, All are R/o Dalpat Sagar Ward, Jagdalpur, District Bastar, Chhattisgarh ----- Respondents along with Acquittal Appeal No.256 of 2015 5/5/2016 Smt. Smita Ghai, Panel Lawyer and Shri Malay Shrivastava, Advocate for the respective Petitioners. Shri Pravin Kumar Tulsyan, Advocate for the Private Respondents.

I.A. No.1 of 2015 has been filed in Criminal Miscellaneous Petition No.1088 of 2015 to condone 7 days' delay. Considering the duration, it is allowed.

In both the matters the common submission is that even if the charge under Section 304B IPC had not been established and there was no charge under Section 302 IPC, the lesser charge under Section 498A IPC or under Section 306 IPC stood established on the same evidence and complete acquittal was not justified.

The application (Criminal Miscellaneous Petition No.1088 of 2015) for leave to appeal is allowed.

Let it be registered as an acquittal appeal.

No fresh notice need issue as the Respondents being common are duly represented.

Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) Chief Justice Judge Gopal