State Of Chhattisgarh v. Ajeet Gupta

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1252 of 2020 State Of Chhattisgarh Through Police Station Kamleshwarpuar, District Surguja, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ---- Petitioner

Versus

1. Ajeet Gupta S/o Brijmohan Gupta, aged about 25 years, R/o Ropakhar, Thana Kamleshwar, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh

2. Rajesh Gupta S/o Ishwar Aged About 30 Years R/o Ropakhar, Thana Kamleshwar, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ---- Respondents For State/Petitioner :

Smt. Hamida Siddiqui, Dy.A.G.

D.B. :Hon'ble Shri Justice Manindra Mohan Shrivastava & Ho n'ble Smt. Justice Vimla Singh Kapoor Order On Board 05/01/2021

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

2. Learned counsel for the petitioner-State argue that despite evidence of the injured witness Rajnish Pandey (PW5) and other injured Ramsagar (PW3) that there existed inimical relation between the accused and the injured and the manner in which the vehicle was dashed indicated an attempt to commit murder, acquittal from the charges of commission of offence under Section 307 IPC has been granted.

3. After going through the impugned judgment and the evidence particularly that of Rajnish Pandey (PW5) and Ramsagar (PW3), we are satisfied that finding recorded by the learned trial Court that it was an accident and there is no evidence to prove enmity or any circumstance to indicate that attempt wast a deliberate one, we do not consider present to be a fit case for grant

-2of leave to appeal.

4. The petition is accordingly dismissed.

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

5. Judge Judge Praveen