State Of Chhattisgarh v. Ajay Tiwari

CRMP No. 948 of 2013 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 948 of 2013 • State of Chhattisgarh Through P.S. Chowki Urga, Thana Kotwali, District Korba C.G.

---- Applicant

Versus

• Ajay Tiwari S/o Sumant Tiwari Aged About 25 Years R/o Tejwalia, P.S. Turkaptti, District Kushinagar U.P. ---- Respondent For Applicant-State :- Shri Avinash Choubey, P.L.

Hon'ble Shri Prashant Kumar Mishra Hon'ble Shri Gautam Chourdiya, JJ.

Order on Board By Prashant Kumar Mishra, J 06/08/2019

1. Heard.

2. On due consideration, delay of 46 days in filing the present Cr.M.P. is condoned. Accordingly, I. A. No.1 is allowed.

3. The trial Court has acquitted the accused of the charges under Sections 294/34, 323/34, 506/34 & 302/34 of IPC.

CRMP No. 948 of 2013

4. In a fight between the employees of two private companies deceased - Umesh Yadav, sustained injuries caused by hand-fist, kicks and legs. He subsequently succumbed to the injuries in the hospital.

5. The prosecution relied on the eye witnesses account rendered by Sheetala Prasad Mishra, Brijesh Mishra and Virendra Kumar. However, these witnesses have turned hostile in the Court. They have denied to have witnessed the incident. Even the witnesses to the memorandum statement and consequent seizure have turned hostile.

6. There being lack of evidence against the accused persons, therefore, application for leave to appeal deserves to be and is hereby dismissed.

Sd/- Sd/- (Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Ankit