State Of Chhattisgarh v. Rajkumar Halba

CRMP No. 1923 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1923 of 2019 • State of Chhattisgarh Through The Incharge, Police Station Ambagarh Chowk, District- Rajnandgaon, Chhattisgarh. ---- Applicant

Versus

• Rajkumar Halba S/o Ramsewak Halba Aged About 39 Years R/o Village Kodemara, Police Station Ambagarh Chowki, District- Rajnandgaon, Chhattisgarh.

---- Respondent For Applicant-State :- Shri Rajendra Tripathi, PL Hon'ble Shri Prashant Kumar Mishra Hon'ble Shri Gautam Chourdiya, JJ.

Order on Board By Prashant Kumar Mishra, J 26/08/2019

1. Heard.

2. On due consideration, delay of 171 days in filing the present Cr.M.P. is condoned. Accordingly, I.A. No.1 stands allowed.

3. The trial Court has acquitted the of the charges under Section 307 of IPC.

CRMP No. 1923 of 2019

4. The accused allegedly caused grievous injuries over the neck of the injured PW-1 Agesh @ Ageshwari by means of knife. However, neither the injured nor eye witness Ramsevak, PW-2, would support the case of prosecution. Similarly other witnesses namely PW-3, Bhagat Singh, PW4, Neering Sai, PW-5, Radhika Bai, PW-6, Devshankar, PW7, Malti, PW-8, Chainkuwar Bai, PW-9, Bhuwan Lal Sinha and PW-10, Ramchandra Taaram have also not supported the case of prosecution. The injured happens to be the sister-in-law (Bhabhi) of the accused.

5. Considering the nature and quality of evidence available on record the present is not the fit case for grant of leave to appeal.

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

Sd/- Sd/- (Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Ankit