State Of Chhattisgarh v. Ramesh Soni

CRMP No. 1856 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1856 of 2019 • State Of Chhattisgarh Through Police Station Gandhinagar, District Sarguja Chhattisgarh.

---- Applicant

Versus

• Ramesh Soni S/o Janeshwar Prasad Soni Aged About 24 Years R/o Jhanjhat Para, Namnakala, Police Station Gandhinagar, Ambikapur, District Sarguja Chhattisgarh. ---- Respondent For Applicant :- Ms. Madhunisha Singh, PL Hon'ble Shri Justice Prashant Kumar Mishra & Hon'ble Shri Justice Gautam Chourdiya, JJ.

Order On Board By Prashant Kumar Mishra, J.

13/08/2019

1. On due consideration delay of 52 days in filing of Cr.M.P. is condoned. Accordingly, I.A. No. 01 of 2019 which is an application for condonation of delay is allowed.

2. Heard learned State counsel on admission.

CRMP No. 1856 of 2019

3. The trial Court has acquitted the accused of the charges under Sections 120-B, 302 and 201 of I.P.C.

4. The prosecution alleged that the present accused and juvenile co-accused have committed murder of deceased Kriti Thakur in the afternoon of 23.11.2015.

5. Considering the statement of Preeti Thakur (PW-6) who has remained firm for the evidence of last seen together; the F.S.L. report (Ex-P-37) finding presence of blood over the articles recovered from the accused, as also the witnesses to memorandum, search & seizure who have also supported the prosecution, we are inclined to grant leave to appeal.

6. Accordingly, Cr.M.P. is allowed.

7. Let regular Acquittal Appeal be registered and the same be posted for consideration in the next week.

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