State Of Chhattisgarh v. Prem Sai

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 992 of 2021 • State Of Chhattisgarh Through Police Station Raipur, District- BalrampurRamanujganj, Chhattisgarh ---- Petitioner

Versus

• Prem Sai S/o Late Shri Budhru Ram Uraon Aged About 35 Years Resident Of Village Bariyo, Police Station Raipur, District- Balrampur- Ramanujganj, Chhattisgarh --- Respondent For Petitioner/State :

Mr. Ravish Verma, G.A.

DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 24/09/2021

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

2. Taking into consideration the submission of learned State counsel that despite categoric and reliable evidence of Shaniyaro Bai (PW-3), wife of the victim, learned trial Court has granted benefit of doubt adopting an erroneous and legally impermissible approach to appreciate the evidence, we are inclined to grant leave to appeal. Prayer for grant of leave to appeal is accordingly allowed.

3. Let the appeal filed by the State be registered as an acquittal appeal and be listed for further orders.

4. CRMP is accordingly disposed off.

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