State Of Chhattisgarh v. Ravishankar Sahu

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No.1014 of 2020 • State Of Chhattisgarh Through Police Station- Lalbag, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

• Ravishankar Sahu S/o Rupendra Sahu Aged About 23 Years R/o VillageMandhak Chowk Parikala, Police Station- Kotwali, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Respondent Shri Lalit Jangde, Dy.GA for petitioner/State. Division Bench: Hon'ble Shri Justice Manindra Mohan Shrivastava & Hon'ble Smt. Justice Narendra Kumar Vyas Order On Board 08/04/2021 1.

Heard on prayer for grant of leave to appeal. 2.

Though learned State counsel submits that as against the accused, there is circumstantial evidence of recovery of Gamchha (stole) and query report moved by the doctor that the deceased could be strangulated by this seized Gamchha, we find that in the present case, the recovery of Gamchha is extremely weak kind of evidence, which does not contain any bloodstain. Therefore, except this, as against the present accused, no other evidence could be led by the prosecution.

3.

Taking into consideration the lack of clinching circumstantial evidence, the learned trial Court has acquitted the accused by giving him benefit of doubt. Therefore, we are not inclined to interfere with the impugned judgment of acquittal.

4.

Accordingly, the application (Cr.M.P.No.1014 of 2020) is dismissed. SD/- SD/- (Manindra Mohan Shrivastava) (Narendra Kumar Vyas) Judge Judge Tumane