State Of Chhattisgarh v. Anand Ram

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 352 of 2014 State Of Chhattisgarh Through The Distt. Magistrate, Surguja, Distt. Ambikapur C.G ---- Petitioner

Versus

Anand Ram S/o Raghunath Majhwar Aged About 32 Years R/o Village Puta Schoolpara, Ps Darima, Distt. Surguja C.G --- Respondent For Petitioner/State :

Shri Subhash Yadav, Dy. Gov. Advocate.

DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Rajani Dubey Order On Board 29/04/2019

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

2. Learned State Counsel submits that the prosecution case is based on prompt FIR, respondent-accused named therein and the circumstances regarding quarrel and dead body found near a nala.

3. After going through the impugned judgment and evidence on record, we find that the acquittal of the respondent has been ordered, taking into consideration that the eyewitness has turned hostile, even last seen evidence is not reliable and except this, there is no other incriminating evidence connecting the respondent-accused with the alleged commission of offence. Therefore, there is no scope of interference with the judgment of acquittal.

4. The application for grant of leave to appeal is accordingly rejected.

5. The petition is accordingly dismissed.

Sd/- Sd/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge Ravi