State Of Chhattisgarh v. Bhagwat Toppo

CRMP No. 2122 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2122 of 2019 • State of Chhattisgarh Through District Magistrate, Jashpur, Chhattisgarh.

---- Applicant

Versus

• Bhagwat Toppo S/o Firul Toppo Aged About 23 Years R/o Kudhrajhariya Khutera, P.S.- Kansabel, District-Jashpur, Chhattisgarh.

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

Order on Board By Prashant Kumar Mishra, J 23/09/2019

1. Heard.

2. On due consideration, delay of 127 days in filing the present Cr.M.P. is condoned. Accordingly, I.A. No.1 is allowed.

3. The Trial Court has acquitted the accused of the charges under Sections 450 and 307 of the IPC and Section 5 of Chhattisgarh Tonahi Pratarna Niwaran Adhiniyam, 2005.

CRMP No. 2122 of 2019

4. The accused allegedly committed house trespass at about 7:30 pm on 03.03.2018 and caused injuries, over the neck of victim, Runiya Bai (PW-1), by means of knife. Prosecution witnesses including PW-1, Runiya Bai, have turned hostile. PW-10, Rafael Toppo, has supported the prosecution by stating that soon after the incident Runiya Bai (PW-1) had informed him that the accused has caused the injuries, however, once Runiya Bai, herself has turned hostile, statement of PW-10, Rafael Toppo, would in the nature of hearsay evidence. The same cannot be relied on for basing conviction.

5. In view of the nature and quality of evidence available on record no case for grant of leave to prefer appeal against the acquittal is made out.

6. Accordingly, the present Cr.M.P. deserves to be and is hereby dismissed.

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