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High Court Of ChhattisgarhCRMP/8/2021dismissed

The State Of Chhattisgarh v. Tikru Ram

2021-01-11Hon'Ble Shri Justice Manindra Mohan Shrivastava,Hon'Ble Smt. Justice Vimla Singh Kapoor1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 8 of 2021 • The State Of Chhattisgarh Through Station House Officer, Police Station Bagicha, District : Jashpur, Chhattisgarh ---- Petitioner

Versus

• Tikru Ram S/o Kalua Ram Aged About 38 Years R/o Sokhapara, Gaybuda, Police Station Jashpur, District : Jashpur, Chhattisgarh --- Respondent For Petitioner/State :

Mr. K.K. Singh, G.A.

DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 11/01/2021

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

2. Even if, we are inclined to condone the delay in filing application, we do not find any merit in the appeal. This is for the reason that the acquittal is result of victim (pw-1) himself turning completely hostile and not supporting the prosecution story and emphatically stating in his evidence that the injury was sustained on account of fall and not because of any assault by the accused.

3. On the face of such evidence, we do not find that learned trial Court committed any perversity or patent illegality in granting acquittal by giving the benefit of doubt.

4. The CRMP is accordingly dismissed.

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