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High Court Of ChhattisgarhCRMP/1035/2020allowed

State Of Chhattisgarh v. Geeteshwar Singh

2020-12-02Hon'Ble Shri Justice Manindra Mohan Shrivastava,Hon'Ble Smt. Justice Vimla Singh Kapoor2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1035 of 2020 • State Of Chhattisgarh Through Police Station Janjgir District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

1. Geeteshwar Singh S/o Tuleshwar Aged About 32 Years R/o Chandaniyapara, Janjgir, Police Station Janjgir District Janjgir Champa Chhattisgarh

2. Tuleshwar Singh S/o Krishnalal Singh Aged About 62 Years R/o Chandaniyapara, Janjgir, Police Station Janjgir District Janjgir Champa Chhattisgarh

3. Prabhawati W/o Tuleshwar Aged About 51 Years R/o Chandaniyapara, Janjgir, Police Station Janjgir District Janjgir Champa Chhattisgarh ---- Respondent For Petitioner / State :

Shri Lalit Jangde, Dy.G.A.

D.B.:- Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 02/12/2020 Heard on prayer for grant of leave to appeal against impugned judgment of acquittal dated 06/11/2019 passed in Sessions Trial No.59/2018. 2.

Learned State counsel would argue that in the present case, though there are specific evidence of subjecting the deceased to cruelty soon before her death and the deceased was found 100% burned in the matrimonial house, respondents have been acquitted. He would argue that the circumstances and the manner in which the deceased died, this clearly indicating an unnatural death and according to one of the prosecution witnesses, the witness, who happened to be a neighbour, came to the house of the deceased to rescue her whereas the members of the family were not there while the deceased was burning. He would also submit that the evidence also shows presence of kerosene whereas the accused are persons belonging to affluent class of the society.

3.

Considering the aforesaid submission, we are inclined to grant leave to appeal against impugned judgment. Accordingly, this CrMP is accordingly allowed. Leave is granted. Let the appeal be registered as Acquittal Appeal and be listed for further orders.

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