State Of Chhattisgarh v. Jhirmal Ram

CRMP No. 1585 of 2018 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1585 of 2018 • State Of Chhattisgarh Through- Station House Officer, Police Station Sanna, District- Jashpur, Chhattisgarh. ---- Applicant

Versus

• Jhirmal Ram S/o Virna Ram Aged About 20 Years CastePahadi Korwa, R/o- Baladarpaath, Sanna, Police Station Sanna, District- Jashpur, Chhattisgarh.

---- Respondent For Applicant-State :- Mr. K.K. Singh, G.A.

Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Gautam Chourdiya Order On Board By Prashant Kumar Mishra, J.

11/02/2020

1. On due consideration delay of 125 days in filing of the Cr.M.P. is condoned. Accordingly, I.A. No.01/2018, for condonation of delay is allowed.

2. The trial Court has acquitted the accused of the charges under Section 302 of the I.P.C.

3. Accused was sent for trial for committing murder of his wife

CRMP No. 1585 of 2018 Balmati. Initially, the accused himself lodged report against one Dubung, however, during investigation several witnesses informed the Police that it was the accused who has committed the offence. Case of the prosecution was based on evidence of PW-4 Bifana Ram and PW-9 Bajru who were produced as eye-witnesses. PW-8 Somra Ram was produced as witness of extra judicial confession. However, these three witnesses have not supported the prosecution. In the FSL report it was not found that shirt recovered from the accused was blood stained.

4. There being lack of evidence against the accused, no case for grant of leave to appeal is made out.

5. Accordingly, the Cr.M.P. deserves to be and is hereby dismissed.

SD/- SD/- (Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Ayushi