State Of Chhattisgarh v. Motilal Nagesiya
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • State of Chhattisgarh Through Station House Officer, Police Station Shankargarh, District Balrampur-Ramanujganj Chhattisgarh.
---- Applicant
Versus
1. Motilal Nagesiya S/o Gutan Ram Nageshiya Aged About 27 Years Occupation : Agriculturist, R/o Village Samudripara, Kuhudand, Police Station Shankargarh District Balrampur Ramanujganj Chhattisgarh.
2. Tarsen Bunkar @ Cycle S/o Radharam Aged About 29 Years Occupation : Agriculturist, R/o Village Mada, Police Station Asta District Jashpur Chhattisgarh.
3. Sheetal Ram Nageshiya @ Guddu S/o Lal Ram Nageshiya Aged About 29 Years R/o Village Mahadeo Jobla, Police Station Bagicha District Jashpur Chhattisgarh.
4. Gopal Nageshiya S/o Baleshwar Nageshiya Aged About 26 Years R/o Village Mahadeo Jobla, Police Station Bagicha District Jashpur Chhattisgarh.
5. Badul Nageshiya @ Goverdhan S/o Chaura Aged About 44 Years Occupation Agriculturist R/o Village Sulesha, Police Station Bagicha District Jashpur Chhattisgarh.
6. Bokha Prajapati S/o Bastu Prajapati Aged About 44 Years R/o Village Jamhor, Police Station Shankargarh, District BalrampurRamanujganj Chhattisgarh. ---- Respondents
For Applicant-State :- Shri Suryakant Mishra, PL Hon'ble Shri Prashant Kumar Mishra Hon'ble Shri Gautam Chourdiya, JJ.
Order on Board By Prashant Kumar Mishra, J 03/07/2019
1. Heard learned State counsel for the applicant on I.A. No.1 as also on admission.
I.A. No.1 of 2019
2. This is an application for condonation of delay in filing the application seeking leave to appeal.
3. On due consideration, application is allowed and delay of 138 days in filing application seeking leave to appeal is condoned. I.A. No.1 stands allowed.
4. The trial Court has acquitted the accused persons of the charges under Sections 302/149 (twice), 396 and 201 of IPC for committing loot and murder of deceased Khalil Ansari and Anish Ansari. The incident happened in between 18.02.2014 to 22.02.2014. The deceased were cattle traders. On 18.02.2014 the deceased had started from village Kothali to their village Birbandha but thereafter, they never reached their destination and subsequently their dead bodies were found inside the
Randeva forest.
5. There is no eyewitness to the crime. The prosecution case rests on circumstantial evidence in form of memorandum statement and consequent seizure of various articles including the weapon of offence. However, the witnesses of the evidence of memorandum and seizure namely, Mohd. Samsun Ansari (PW-4), Abdul Gaffur Shekh (PW-5), Ram Sevak Yadav (PW-11) and Naresh Yadav (PW-12) have not supported the prosecution case. Moreover, the amount of Rs.21,500/-, which was allegedly looted from the deceased persons has not been recovered.
6. The present is a case of no evidence against the accused persons, therefore, the trial Court has not committed any illegality in acquitting the accused persons.
7. Accordingly, there is no substance in this application seeking leave to appeal. The CRMP thus fails and is hereby dismissed. Sd/- Sd/- (Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Ankit